Probation Dismissal Questions Answered Plainly
You were let go on probation and want to know if that was allowed.
Probation dismissal, explained for workers
Being let go during probation can feel final, but the law does not treat it that way.
These are the questions probationary workers ask most often.
Can a probationer even claim unfair dismissal?
Yes. A probationary worker can lodge a Section 20 representation just like a confirmed employee.
Probation does not remove the right to challenge a dismissal without just cause.
Doesn’t probation mean I can be let go for any reason?
No. An employer still needs a fair reason and a fair process, even during probation.
The employer must show the dismissal was for just cause and excuse.2
What reasons are usually given during probation?
Common reasons are unsuitability for the role, poor performance or a poor fit with the job.
A reason still has to be genuine and backed by some record, not just a label.
Was I given any warning before being let go?
Having no feedback, targets or warning before termination can support an unfair dismissal argument.
A probationer can expect a fair chance to improve, which links closely to poor performance dismissal.
How is compensation different for probationers?
Back wages are generally capped at twelve months of pay for a probationer. For a confirmed employee the cap is twenty four months, under the Second Schedule of the Industrial Relations Act 1967.1
You can still ask for reinstatement.
Does the 60-day deadline still apply?
Yes. The same 60 days from the date of dismissal apply to probationers as to anyone else, with no extension for being on probation.
Use the deadline calculator right away.
What should I gather before I act?
Your offer letter, probation terms, any performance reviews, and the termination letter or message.
Together they show what was promised and what actually happened, and they support any Section 20 representation you lodge.
If you want a lawyer to act, send your dates and what you were told to an independent employment lawyer. They can review the facts and reply on whether and how they can take it forward.
If you were let go on probation and want to challenge it, send your dates and what you were told. An independent employment lawyer can review the facts and reply on whether and how they can act.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Can a probationer even claim unfair dismissal?
Yes. A probationary worker can lodge a Section 20 representation just like a confirmed employee. Probation does not remove the right to challenge a dismissal without just cause.
Doesn't probation mean I can be let go for any reason?
No. An employer still needs a fair reason and a fair process, even during probation. The employer must show the dismissal was for just cause and excuse.
What reasons are usually given during probation?
Common reasons are unsuitability for the role, poor performance or a poor fit with the job. A reason still has to be genuine and backed by some record, not just a label.
Was I given any warning before being let go?
Having no feedback, targets or warning before termination can support an unfair dismissal argument. A probationer can expect a fair chance to improve.
How is compensation different for probationers?
Back wages are generally capped at twelve months of pay for a probationer, against twenty four months for a confirmed employee, under the Second Schedule of the Industrial Relations Act 1967. You can still ask for reinstatement.
Does the 60-day deadline still apply?
Yes. The same 60 days from the date of dismissal apply to probationers as to anyone else, with no extension for being on probation.
What should I gather before I act?
Your offer letter, probation terms, any performance reviews, and the termination letter or message. Together they show what was promised and what actually happened.
Sources
- Back wages at the Industrial Court are generally capped at twenty four months pay for a confirmed employee and twelve months for a probationer under the Second Schedule of the Industrial Relations Act 1967. Donovan & Ho
- The burden of proof lies on the employer to show that a dismissal was for just cause and excuse. Mah Weng Kwai & Associates
Keep reading
If you were let go on probation and want to challenge it, send your dates and what you were told. An independent employment lawyer can review the facts and reply on whether and how they can act.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.