How long a probation claim takes
You were let go on probation and need to plan around how long a claim could take.
A claim over a probation dismissal moves at the same pace as any other. Only two things set it apart: the lower remedy cap and any dispute over your status.
Does probation status change the filing timeline?
No. The 60-day filing window and conciliation work the same way whether you were confirmed or still on probation.
What changes is the remedy. Back wages are capped at twelve months for a probationer, not twenty four for a confirmed employee.3
The cap does not shorten the time needed to decide whether your dismissal was fair. It only affects what is at stake once that is decided.
Why can confirmation issues slow things down?
Some probation dismissals involve a real dispute over your status. Your probation may have been quietly extended, you may have been confirmed without formal notice, or the stated period may have lapsed.
Untangling that can add time before you reach conciliation. Gathering your offer letter, extension notices and confirmation messages early shortens this part.
What happens once you file?
After you file, the department arranges one or two conciliation sessions.1 A clear record of your probation terms moves through this stage more smoothly than a vague account.
If conciliation fails, the case goes straight to the Industrial Court. The 2020 amendment removed the ministerial screening step that used to add delay.2
After that, timing depends on the court’s schedule and how far your confirmation status is disputed.
What should you do while you wait?
Keep your offer letter, targets and confirmation messages organised, since hearing dates can be set at short notice. Read how to prepare your case and check your deadline with the deadline calculator.
If you want a lawyer to act, an independent employment lawyer can tell you early whether your confirmation status is likely to be disputed. Have this reviewed before you file a Section 20 representation.
If you want to act within the 60-day window after a 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 review it and act for you 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
Does being on probation change how long the process takes?
The filing and conciliation steps are the same whatever your confirmation status. What differs is the back wages ceiling if your case succeeds, which is lower for a probationer.
What is a confirmation issue and why does it matter here?
It is a dispute over whether you were still on probation, quietly confirmed, or kept on an extended probation past its stated end date. Sorting it out early affects how your case is framed.
How long does conciliation take?
The department arranges one or two sessions, and the gap between them depends on both sides' schedules. Some cases settle here and end earlier than a hearing would.
Does the lower back wages cap mean a shorter hearing?
Not necessarily. The hearing still has to decide whether the dismissal was fair, whatever the ceiling on the remedy.
Sources
- After a representation is filed, the Department of Industrial Relations usually arranges one to two conciliation sessions between the employer and the employee. Mah Weng Kwai & Associates
- Since the Industrial Relations (Amendment) Act 2020 came into force, a case that fails at conciliation is referred directly to the Industrial Court by the Director General, without ministerial screening. MECA
- 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 want to act within the 60-day window after a 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 review it and act for you 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.