What to do if fired on probation
You were let go before confirmation and need to know your first steps.
What should you do if you are fired during probation?
Start as with any dismissal: confirm the date and write down what was said. You have 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations, and that applies to probationers too.1
Probation does not create a shorter deadline, so do not assume you have less time because you were not confirmed. Save your performance reviews, written feedback and messages about your progress before your access to company systems ends.
Why does probation evidence look different?
For a probationer, the record of feedback and time to improve carries extra weight. A dismissal after weeks with no real feedback looks very different from one after months of documented concerns.
If reinstatement is not ordered, back wages can be awarded, capped at 12 months for a probationer rather than the longer period for confirmed staff.2 Knowing that figure early helps you weigh the situation honestly.
How were you told?
Note how you found out. A short meeting with no chance to ask questions, followed by an immediate loss of system access, is worth writing down while it is fresh.
Former colleagues who witnessed events can support your timeline. Keep those conversations focused and factual.
What should you do this week?
Confirm your exact dismissal date with the deadline calculator so the 60-day window is a fact, not a guess. Write a short dated account of the feedback you received and how much time you had.
Read about your broader rights as a probationer to see how a claim would work. If you want a lawyer to act, an employment lawyer can review your timeline and take it further if it is worth pursuing.
If you were let go during probation, send your dismissal date and the reason given. An independent employment lawyer can review it and take a claim forward if you have grounds.
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
Should I ask my employer for the reason in writing?
Yes, if you can do it calmly. A written reason, or a written reply saying they will not give one, both help your case more than a spoken explanation nobody else can confirm.
What evidence matters most for a probation dismissal?
Performance reviews, written feedback, messages about your progress and the time you actually had to improve. Save these before your access to work systems ends.
Does it matter how short my probation was?
It can. A very short period with little real chance to show your performance is worth stating clearly in your account, because it may support an argument about fairness.
Is there any point acting quickly if the amount at stake is smaller?
Yes. The filing deadline does not change with the amount at stake, and acting on time keeps your options open whatever the final figure.
Sources
- A worker has 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations. Mah Weng Kwai & Associates
- Back wages awarded for unfair dismissal are capped at 12 months for a probationer. DNH
Keep reading
If you were let go during probation, send your dismissal date and the reason given. An independent employment lawyer can review it and take a claim forward if you have grounds.
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.