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Unsuccessful Probation Letter

An Unsuccessful Probation Letter is used by an employer to inform an employee that their probation period has been unsuccessful and their employment is being terminated.

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Last updated December 18, 2024

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Under 10 minutes

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Suitable for Australia

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Written by

Edwin Montoya Zorrilla

Reviewed by

Damin Murdock

Document Overview

You should make sure that you have a clear understanding of the appropriate exit procedure for the employee, and that you record your conversations with them as evidence that you have met your obligations under the Fair Work Act.

The Legal Risk Score of a Unsuccessful Probation Letter Template

Our legal team have marked this document as low risk considering:

  • There is a risk of inadequate documentation of specific performance issues, as the document mentions unsatisfactory performance but does not detail the criteria or examples, which could lead to misunderstandings or disputes about the reasons for termination.
  • The document lacks clarity on the support or corrective actions offered during the probation period, which might be perceived as a lack of opportunity for the employee to improve their performance.
  • The requirement for the return of company property is mentioned without specifying the exact items or the condition in which they must be returned, potentially leading to confusion or conflict at the end of employment.


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Unsuccessful Probation Letter Checklist

Complete your free Unsuccessful Probation Letter with our checklist

Ensure Proper Documentation:

After completing the document, ensure that all discussions and evaluations regarding the employee's performance are well-documented and securely stored.

Clarify the Return of Company Property:

Specify the items that need to be returned by the employee, including their condition and the deadline for their return, to prevent any misunderstandings.

Communicate Effectively:

Maintain clear and professional communication with the employee about the termination to ensure they understand their rights and obligations as outlined in the document.

Review by Legal Professional:

Have the document reviewed by a lawyer on the Lawpath platform to ensure that it complies with relevant employment laws and adequately protects the rights of both parties.

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