Fairwork – Workplace Myths Fact or Myth

MYTH    I can test out a new employee by asking them to work an unpaid trial
FACT     If someone is working for your business you must pay them wages. You must also give them any other conditions they’re entitled to under the National Employment Standards (NES) & any applicable modern award or enterprise agreement.There is no such thing as an unpaid trial. You can ask a prospective employee to demonstrate a skill that is required for the job, for example a touch typing test, or asking them to make a coffee. However, if they perform work they have to be paid for it.

MYTH    Employees have to work for 12 months before they can take any annual or personal leave
FACT     Under the National Employment Standards, employees start accruing leave as soon as they start work. This means that employees can take paid annual leave at any time as agreed with you, even if they have worked for you for less than 12 months. If an employee is sick, they must be paid sick leave as long as they have enough leave and they have given notice and if required, appropriate evidence.

MYTH     I can fire an employee without notice during their probation period
FACT      Under the National Employment Standards, employees who have been working for less than 12 months must get at least 1 weeks’ notice. Certain employees aren’t entitled to notice including casuals, fixed term employees and employees whose employment is terminated because of serious misconduct. You should also check the modern award or any agreement that applies in case it provides a greater entitlement