On 24 July 2026 Elizabeth Devine presented a paper on the topic of ‘Probation Done Properly: Employer Obligations Under the Fair Work Act 2009’ to the 19th Annual Employment Law Conference hosted by The Education Network at the JW Marriott Hotel on the Gold Coast, Queensland. Elizabeth’s presentation explained the three sources of employment law and why each needs to be borne in mind when making a decision to dismiss a probationary employee, provided an overview of relevant contract law, explained the difference between a probationary clause and minimum employment period and why extension of probationary clauses is not recommended, discussed the employment law obligations which applied from the first day of employment, examined the decision of Dabboussy v Australian Federation of Islamic Councils [2024] FCA 1074 and explained the implications of that decision for dismissal of employees during a probationary period, reviewed the best ways to manage performance during performance during a probationary period, considered the ‘general protections burden’ in relation to dismissals of probationary periods and detailed how employers can reduce the legal risks associated with performance management and dismissal of probationary employees.

