Probation dismissal

Probation dismissal mistakes to avoid

You were let go on probation and want to avoid slips that weaken your position.

For people seeking legal representation. For general information, please use our guides and tools.

Some mistakes after a probation dismissal are quiet, and you notice them only when they are hard to fix. These five come up most, and each is easy to avoid.

Assuming probation means you have no rights

This is the most common and costly mistake. Probationers can still bring an unfair dismissal claim, and the employer still has to prove just cause.1

Believing otherwise stops people from even checking their position, and that closes off options too early.

Accepting a vague reason without asking for more

A generic verbal explanation is harder to challenge later than a written one. Asking for the reason in writing costs nothing and gives you something concrete to show a lawyer.

If your employer stays vague when pressed, note that at the time.

Assuming the deadline is shorter during probation

Some people think a short employment history means a short window to act. It does not: the same 60-day deadline applies whether you were confirmed or still on probation.2

Signing an exit document without reviewing it

Signing on the spot, under pressure, can remove options you did not know you had. Asking to take it home, even briefly, rarely costs you anything.

Is it a mistake to delay gathering your records?

Yes. Probation targets and feedback are harder to collect once you lose access to work systems and shared drives.

Save copies the day you are dismissed if you can. Screenshots and emails kept outside your work accounts are worth more later than your memory of what was said.

What should you do this week?

Check your position with the deadline calculator, and read common myths about probation before your next step.

If you want a lawyer to act, an independent employment lawyer can review what you have done so far. They can help put right anything that needs it before you file a Section 20 representation.

If you have already taken steps after a probation dismissal and want them checked, 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 it is a case they can take on.

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

Is assuming probation means no rights a common mistake?

Yes, and a costly one. Probationers can still bring an unfair dismissal claim, and the burden still sits with the employer.

Is not asking for the reason in writing a mistake?

Yes, a vague verbal explanation is harder to challenge later than a written one. Asking for it in writing costs nothing and protects your position.

Is missing the 60-day deadline a common mistake for probationers?

Yes, some assume a simpler process during probation means a shorter deadline. The window is the same 60 days as for any other dismissal.

Is signing an exit document without review a mistake?

It can be, since it may remove options you did not know you had. Asking to take it home to review, even briefly, is a reasonable request.

Sources

  1. In an unfair dismissal case, the burden of proof rests on the employer to show just cause or excuse for the dismissal. Mah Weng Kwai & Associates (accessed 2026-09-22)
  2. An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within 60 days of the dismissal. Mah Weng Kwai & Associates (accessed 2026-09-22)

If you have already taken steps after a probation dismissal and want them checked, 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 it is a case they can take on.

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.