Can I Terminate Employment During Probation for Dishonesty?
Short Answer
Potentially, yes.
A probation period allows employers to assess whether an employee is suitable for the role and organisation. If concerns arise regarding honesty, employers may conclude that the employment relationship should not continue.
What Should I Consider?
Before making a decision, consider:
- What evidence is available?
- What exactly is alleged to have happened?
- Has the employee had an opportunity to explain?
- How serious is the issue?
- Has trust and confidence been damaged?
Why Trust and Confidence Matter
Employment relationships rely heavily on trust.
Where dishonesty occurs, employers may reasonably question whether they can continue to rely on the employee.
The more serious the dishonesty, the more likely it is to affect the ongoing employment relationship.
Recommended Approach
- Establish the facts.
- Meet with the employee and obtain their explanation.
- Consider all available information.
- Assess whether trust can realistically be restored.
- Document your decision-making.
- Confirm the outcome in writing.
Key Point
The question is not simply whether the employee is on probation.
The question is whether, after considering the facts fairly and reasonably, the employment relationship remains viable.
LEO can help you assess the situation and determine the most appropriate next step based on the specific circumstances of your matter.