How to prepare after a probation dismissal
You were dismissed on probation and want to know what to gather first.
What should you start with?
Gather your offer letter and employment contract first, since they set out the probation your employer was expected to follow. Add the dismissal letter, or any written or spoken termination message you received.
Your employer has to prove the dismissal was fair,2 so the confirmation process is often your most useful record. Note every appraisal, review meeting or email about whether you were meeting expectations.
How do you document what was said about confirmation?
Write down every conversation about your confirmation date, including any that were postponed or never explained. Note repeated extensions with no clear reason, and a dismissal that came just before confirmation was due.
If your manager never set clear expectations for confirmation, write that down while it is fresh. A missing standard can matter as much as a written warning.
Keep copies outside your work email and work phone, in case access is cut off after your last day. A folder on your personal device or a printed set is enough.
How do you turn your documents into next steps?
Check your dates against the 60-day deadline calculator to see how much time remains.1 The page on dismissal during probation shows what a fair confirmation process looks like.
The guide to back wages explained covers how an award would be worked out for a probationer. If you plan to file, the Section 20 representation page walks through the step.
If your dismissal also involved a conduct allegation, read preparing for a misconduct dismissal claim.
Send your key dates to an independent employment lawyer, who can review them and act if you have a claim.
If you are preparing 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 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
What documents should I gather first?
Start with your offer letter, employment contract and the dismissal letter. Add any appraisal notes, probation review emails, and messages from your manager about performance or conduct.
What if I was never told why my confirmation was delayed?
Write down each time confirmation was raised and what, if anything, you were told about the delay. A pattern of silence on confirmation can support your account later.
How soon should I start preparing?
As soon as possible, since your filing window is fixed and does not pause while you gather documents. You will also remember details more clearly now than weeks later.
What if I never received anything in writing?
A verbal dismissal is still worth documenting. Write your own account of what was said, when and by whom, right after it happens, since it becomes useful evidence.
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
- In an unfair dismissal case the burden falls on the employer to prove the dismissal was for just cause or excuse Mah Weng Kwai & Associates
Keep reading
If you are preparing 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 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.