What a probation dismissal claim costs
The lower back wages cap makes you wonder whether a claim is worth paying for.
Before you commit to a claim over your probation dismissal, you should know what it is likely to cost. Two things shape the cost most: the lower remedy cap and any dispute over your status.
Should the lower remedy cap change your cost decision?
It is worth weighing. Back wages for a probationer are capped at twelve months, against twenty four months for a confirmed employee.2
A strong case with clear evidence of unfair treatment can still be worth pursuing. The cap limits the size of any award, not whether the dismissal was unfair.
Does a confirmation dispute raise the price?
It can. Some probation cases involve a real question over your status: an unclear extension, a lapsed probation period, or an informal confirmation.
Sorting through offer letters, extension notices and related messages takes a lawyer time. A tidy paper trail keeps this cost down, while a missing one adds to it.
Does the early stage involve legal fees?
Conciliation at the Department of Industrial Relations is not a billable courtroom appearance, because solicitors cannot represent either side there.1
The billable part, if any, comes before it. That means reviewing your targets, feedback and confirmation history so your account is ready.
Does a shorter employment history mean lower cost?
Often, yes. Less time at the company means fewer documents and a simpler timeline.
A probation with detailed targets and several rounds of feedback can still take real time to review. Treat this as a rough guide, not a rule.
What should you do this week?
At an agreed consultation with an identified lawyer, bring your offer letter, targets, feedback and any confirmation notices for review, and ask what your case would involve. Use the deadline calculator to check your window before you file a Section 20 representation.
Read is a probation dismissal claim worth it alongside this guide. If you want a lawyer to act, an independent employment lawyer may review whether it is a case they can take on.
If you are weighing what a claim over your probation dismissal would cost, 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 review it and act for you if it is worth pursuing.
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
Does the lower back wages cap mean I should think twice about legal fees?
It is worth weighing, since the ceiling is twelve months for a probationer and twenty four for a confirmed employee. The strength of your evidence matters as much as the cap.
Does a confirmation dispute add to my legal costs?
It can. Establishing whether you were still on probation, quietly confirmed, or past your probation end date takes extra document review, and a clear offer letter keeps that cost down.
Does conciliation cost money in a probation dismissal case?
Solicitors cannot represent either party at that stage, so there are no courtroom style fees. A lawyer's time is more likely to be billed for the preparation before it, especially on your confirmation status.
Is a probation case cheaper to prepare than others?
Often, since a short employment history means fewer documents to review. That changes if your confirmation status is disputed.
Sources
- Solicitors are not permitted to represent either party at the conciliation stage run by the Department of Industrial Relations. Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at twenty four months for a confirmed employee, or twelve months for a probationer, assessed up to the last day of hearing. DNH
Keep reading
If you are weighing what a claim over your probation dismissal would cost, 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 review it and act for you if it is worth pursuing.
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.