How a probation dismissal claim works
You were let go on probation and want to see what a claim involves, step by step.
A probation dismissal claim follows the same formal steps as any other dismissal. The difference is in the evidence: your probation targets and feedback matter more.
What happens at the very first step?
Your dismissal date starts your 60-day window, whether you were confirmed or still on probation.1 Treat that date as the anchor for everything that follows.
Your targets and feedback history become central facts here, more than in a long-serving employee’s case.
What happens once you file your representation?
You file a Section 20 representation with the Director General of Industrial Relations. The department then arranges one or two conciliation sessions between you and your former employer.2
Many cases settle here, once both sides have set out how the probation was assessed.
What happens if conciliation does not settle it?
The case goes to the Industrial Court. There, the reason given for your dismissal is tested against your actual targets and feedback record.
A vague or unsupported reason draws closer scrutiny. A clear, organised record of your probation helps a lawyer present your side.
What happens at the hearing, and what can it achieve?
Both sides present evidence, and the court issues a written award. Remedies can include reinstatement or back wages, capped at twelve months for a probationer, not the twenty four months for a confirmed employee.
Documents and feedback from earlier stages come up again here, so keep them organised from the start.
Does timing stay the same throughout?
The 60-day window runs from your dismissal date and does not pause while your case moves along. A case that fails at conciliation now goes straight to the Industrial Court, so there is less built-in delay than before.
Treat each stage as moving promptly once it starts.
What should you do this week?
Confirm your timeline with the deadline calculator, and read what to do after your dismissal if you have not already.
If you want a lawyer to act, an independent employment lawyer can assess how the Industrial Court is likely to view your targets and feedback record.
If you are ready to start 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
Does being a probationer change the formal steps in a claim?
No, the formal steps are the same as for any dismissal claim. What differs is the evidence, since probation targets and feedback become central.
What happens after the representation is filed?
The department arranges one or two conciliation sessions to try to resolve things before a formal hearing. Many cases settle at this point.
How does the Industrial Court examine a probation dismissal?
The court looks at whether the reason given matches your actual targets and feedback record. A vague reason with no documents behind it invites closer scrutiny.
Is the remedy different at the end of the process?
Yes. If a claim succeeds, back wages for a probationer are capped at twelve months, compared with twenty four months for a confirmed employee.
Sources
- 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
- 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
Keep reading
If you are ready to start 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.