When not to claim over a probation dismissal
Not every probation dismissal is worth a claim, and some have a faster route.
Why does probation change the calculation?
A probationer can file a Section 20 claim like a confirmed employee, and the employer still has to prove the dismissal was fair. The difference is the money.
Back wages for a probationer are capped at 12 months, against 24 months for a confirmed employee.2 If your probation lasted only a few months, a realistic award sits well below even that cap.
When is a confirmation dispute not worth fighting?
Ask whether your employer gave clear targets for confirmation, or warned you of any shortfall. If not, and the contract simply lapsed or ended abruptly, that thin record can help you if you do file.
If there were documented reviews and a fair chance to meet stated expectations, a challenge is harder. Weigh the small ceiling against how strong your paper trail is.
If your real complaint is unpaid salary, unused leave or a benefit you are owed, take it to the Labour Department. It falls under the Employment Act, not Section 20, and filing in the wrong place wastes time you do not have.
What can a better path look like?
Where the numbers do not justify a formal claim, ask your employer directly. A fair reference letter or a small settlement can get you more, faster, than months of process for a capped result.
Check your exact dismissal date on the 60-day deadline calculator before you rule anything out.1 The page on dismissal during probation shows what a fair confirmation process looks like.
What should you read next?
The guide to back wages explained shows how the twelve month cap is worked out. If your record is strong enough to pursue, the Section 20 representation page explains the filing step.
For the same question in a misconduct case, read when a misconduct dismissal is not worth challenging.
If you want a lawyer’s view, an independent employment lawyer can review your offer letter and review notes and tell you whether it is a case they can act on.
If you are comparing a settlement with a claim over your probation dismissal, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your probation terms and the reason given. An independent employment lawyer can tell you whether they can act on it.
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
Do probationers have the same protection as confirmed staff?
A probationer can still file a Section 20 claim, but a shorter service record often means less documented history to point to. The employer still has to prove the dismissal was fair.
Why does the back wages cap matter for probationers?
A probationer's back wages are capped lower than a confirmed employee's, so the money at stake is smaller from the start. Weigh that honestly before you commit time to a formal process.
What if I am only owed unpaid salary or leave?
Unpaid wages and leave are usually a Labour Department matter under the Employment Act, not a Section 20 dismissal claim. The two routes are separate, and a lawyer can point you to the right one.
Can I still negotiate directly with my employer?
Yes, and many probation disputes end there. A calm written request for a reference or a small goodwill payment can settle things faster than a formal claim when the amounts are modest.
Sources
- An employee who believes a dismissal had no just cause or excuse can file a written representation to the Director General of Industrial Relations within 60 days of the dismissal Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at 24 months for a confirmed employee and 12 months for a probationer DNH
Keep reading
If you are comparing a settlement with a claim over your probation dismissal, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your probation terms and the reason given. An independent employment lawyer can tell you whether they can act on it.
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.