Were you let go during probation?
Your employer says probation means no process, and you are not sure that is true.
Being on probation feels like having fewer rights. The law does not agree: it still asks whether your employer had just cause to let you go.
Do probationers have unfair dismissal rights?
Yes. The right to claim unfair dismissal under Section 20 covers any “workman”, an employee covered by the Industrial Relations Act.2
That status does not depend on whether you were confirmed.
Your employer still has to prove a fair reason and a fair process, just as for a confirmed employee.3 Read how unfair dismissal works if you are unsure whether your situation qualifies.
What counts as a fair reason to end probation?
A common reason is that you are “not suitable for the position”. That can be fair if it is genuine, but your employer must show it with specific gaps against a real standard, not a vague feeling.
A reason invented after the fact, or one that contradicts a recent good appraisal, is exactly the kind of gap the Industrial Court looks for.
What does a fair process look like?
Even during probation, you should normally get a warning that your performance is in question, and a chance to respond. A dismissal with no warning at all is easier to question later.
Keep any appraisal, email or message about your performance. It becomes the record your employer’s reason has to survive.
Can my employer just keep extending my probation?
An extension is not automatically unfair, but it should come with a clear reason and a real review, not silence stretching on. If your probation drags on well past its original term with no explanation, that pattern itself is worth raising.
What can I recover?
The Court can order your job back (reinstatement) or compensation in its place. Back wages, the salary you lost while out of work, are capped lower for a probationer: 12 months of last-drawn salary, compared with 24 months once you are confirmed.1
Which of the two suits you better depends on your facts, so look at both before you decide.
What should I do this week?
Keep your offer letter, appraisals and any messages about your performance.
The 60-day window is the same as for any dismissal. You have 60 days from your last day to lodge a written claim with the Director General of Industrial Relations.2
You can work out your exact deadline from your last day. That claim is a Section 20 representation.
If it does not settle at conciliation, a meeting run by an officer to help both sides settle, it goes directly to the Industrial Court.
If you want a lawyer to act for you, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your letter and what you were told directly to that lawyer. They can review whether it is a case they can take on.
If you were dismissed while on probation and want to challenge it, an independent employment lawyer can review the date on your letter and what you were told. They can act if 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
Can my employer dismiss me during probation without any reason?
Not fairly. Even during probation, your employer needs a genuine reason and a fair process. A dismissal with no reason at all, or one invented after the fact, is usually the easiest kind to question.
Does 'not suitable for the position' count as a fair reason?
It can, but only if your employer can show it with something real: specific gaps against a clear standard, not a vague feeling. A reason that contradicts a recent good appraisal is worth raising with a lawyer.
Can my probation just be extended instead of confirming me?
An extension on its own is not automatically unfair. It becomes worth questioning when it repeats with no genuine review, or drags on well past what your contract or offer letter set out, with no explanation given.
Do I get less compensation because I am still on probation?
The back-wages cap is lower for a probationer than for a confirmed employee, so the amount can differ. The claim process and the reason your employer must prove are otherwise the same.
What if I was never told why I did not pass probation?
That silence is itself worth noting down. Write out what you were told, if anything, and when, along with any appraisal or message you received. A missing explanation is usually the first gap a lawyer will ask about.
Sources
- Back wages awarded by the Industrial Court are capped at 12 months of last-drawn salary for a probationer, and 24 months for a confirmed employee (Second Schedule, Industrial Relations Act 1967). Donovan & Ho, Back Wages at the Industrial Court
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations within 60 days of the dismissal (Section 20, Industrial Relations Act 1967). Mah Weng Kwai & Associates, Unfair Dismissal
- The burden of proving just cause or excuse for a dismissal rests on the employer, not the employee, once a claim reaches the Industrial Court. Mah Weng Kwai & Associates, Unfair Dismissal
Keep reading
If you were dismissed while on probation and want to challenge it, an independent employment lawyer can review the date on your letter and what you were told. They can act if 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.