Dismissed during probation?
You were let go before confirmation and are unsure what rights you have.
You were still settling into a new job when the news came: probation over, employment over.
Probation does not mean no protection. A probation dismissal can still be unfair, though one remedy is capped lower.
Do probationers have the same rights as confirmed staff?
Yes, for the right to claim. Probationers can bring an unfair dismissal claim under Section 20 if the dismissal lacked just cause or excuse.
What differs is the cap on back wages, not whether you can claim at all.
What counts as a fair reason during probation?
An employer can dismiss a probationer for a genuine reason, such as repeatedly missing expectations that were clearly explained and fairly assessed.
A dismissal with vague reasons, no feedback during probation, or timing close to a confirmation review invites closer scrutiny.
Who has to prove the dismissal was justified?
Your employer must still show just cause or excuse for the dismissal, as for any other worker.1
Ask for the reasons in writing. Then compare them with the feedback and targets you were actually given.
What can a probationer’s claim achieve?
If a claim succeeds, remedies can include reinstatement, meaning getting your job back. Back wages, the salary you lost while out of work, are capped at twelve months for a probationer, rather than twenty four months for a confirmed employee.2
You still have 60 days from the dismissal date to file a Section 20 representation.3 This is the written claim you lodge to say your dismissal was unfair, and it goes to the Director General of Industrial Relations.
What should you do this week?
Gather your offer letter, any probation targets you were given, and every piece of feedback, good or bad.
If your probation kept being extended instead of ending in dismissal or confirmation, read about an indefinitely extended probation. Then use the deadline calculator to check your 60 days.
If you want to challenge your probation dismissal, send your targets, feedback and dismissal date to an independent employment lawyer. They can review whether it is a case they can act on.
If you were dismissed during probation and want to challenge it, an independent employment lawyer can review your targets and feedback history and tell you whether 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 be dismissed during probation without any reason given?
Your employer still needs just cause or excuse to dismiss you fairly, even during probation. A complete absence of any explanation, especially with no prior feedback, can support a claim that the dismissal was unfair.
Is the 60-day deadline different for probationers?
No. The same 60-day window from the dismissal date applies whether you were confirmed or still on probation. Missing it can end your ability to file, whatever your status.
What if my probation period had already technically expired?
If your probation ended without a formal extension or confirmation, that timing can matter. At an agreed consultation with an identified lawyer, bring the dates in your offer letter and any extension letters for review.
Does a bad review during probation automatically justify dismissal?
Not automatically. A single negative review, without a fair chance to address the concerns raised, may not meet the standard of a genuinely justified dismissal on its own.
Sources
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at twelve months for a probationer, compared with twenty four months for a confirmed employee. DNH
- An employee who believes they were dismissed without just cause may file a Section 20 representation within 60 days of the dismissal. Mah Weng Kwai & Associates
Keep reading
If you were dismissed during probation and want to challenge it, an independent employment lawyer can review your targets and feedback history and tell you whether 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.