Use current official guidance
The Fair Work Ombudsman’s current guidance says employers should check applicable awards, registered agreements, contracts and workplace policies before managing underperformance. It describes discussion, documentation and fair-process considerations, and recommends considering independent advice before disciplinary action. Read the Fair Work Ombudsman’s performance and warnings guidance.
The Fair Work Commission explains that general protections concern adverse action for prohibited reasons and are different from unfair dismissal. A workflow must not decide whether a legal test is met. Read the Fair Work Commission’s general protections guidance.
The Fair Work Commission lists several criteria for unfair-dismissal protection, including the minimum employment period. Check eligibility and the facts rather than treating probation as the answer. Read who the unfair-dismissal law protects.
The Office of the Australian Information Commissioner recommends due diligence, privacy safeguards and human oversight for commercially available AI products. Read the OAIC guidance for commercial AI products.
Official sources checked 11 September 2026. This page provides technical workflow-planning context and no employment, HR, privacy or legal advice.