Is a probation dismissal claim worth it?
You were let go during probation and wonder whether a claim makes sense.
Is a probation dismissal claim worth pursuing?
It is worth pursuing when you can show the employer had no fair reason to let you go. Probation does not remove your right to file, and the 60-day window applies to you as it does to confirmed staff.1
The word probation on your letter does not end your rights. The employer still has to prove the dismissal was fair,3 so a weak or vague reason on its side can work in your favour.
What changes whether it is worth it?
The strength of your evidence matters more than your job title. A dismissal with no warning, no explanation or no chance to respond is easier to question than one that followed clear, documented performance problems.
The possible remedy is also smaller for a probationer, because back wages are capped lower than for a confirmed employee.2 Know that cap before you invest time, though money is not the only reason people claim.
Some readers want the record corrected more than a payout. Others want to know whether what happened was lawful before they move on to a new job.
What should you do this week?
Check your deadline on the 60-day deadline calculator, since that date does not move once it passes. Read the guide on dismissal during probation for the fuller picture.
If you decide to file, the Section 20 representation page explains that step. For the same question in a different situation, read whether a misconduct dismissal claim is worth it.
If you want a lawyer to act, an independent employment lawyer can review your case and take it forward if you have grounds. Bring your dismissal letter and any messages from your employer, so the review is useful.
If you are deciding whether a claim over your probation dismissal is worth it, 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
Can I claim if I was still on probation when dismissed?
Yes. Probation status does not remove your right to file a representation. The same deadline and process apply to you as to a confirmed employee.
Is the payout smaller for a probationer?
The back wages ceiling is lower for a probationer than for a confirmed employee. A claim still has value, since reinstatement and correcting an unfair record are also part of what the process can address.
What makes a probation claim strong?
A claim is stronger when there was no clear reason given, no warning, or no chance to respond before the dismissal. Written messages, appraisal notes and the dismissal letter all help show what happened.
Should I decide alone or ask a lawyer first?
A short conversation with a lawyer can show whether your facts support a claim before you commit time to it. That is far cheaper than filing without knowing where you stand.
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
- Back wages awarded by the Industrial Court are capped at 24 months for a confirmed employee and 12 months for a probationer DNH
- 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 deciding whether a claim over your probation dismissal is worth it, 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.