Probation Dismissal Questions Answered Plainly
Straight answers for a worker let go while still on probation.
Probation Dismissal, Explained For Workers
Being let go during probation can feel like the door is closed, but the law does not see it that way.
These are the questions probationary workers ask most often.
Can A Probationer Even Claim Unfair Dismissal?
Yes, probationary workers can lodge a Section 20 representation the same as confirmed staff.
Being on probation does not remove the right to challenge a dismissal without just cause.
Doesn’t Probation Mean I Can Be Let Go For Any Reason?
No, an employer still needs a fair reason and a fair process, even during probation.
The burden of proof lies on the employer to show the dismissal was for just cause and excuse 2.
What Reasons Are Usually Given During Probation?
Common reasons include unsuitability for the role, poor performance, or a mismatch with the job’s demands.
These reasons still need to be genuine and supported by some record, not just a label.
Was I Given Any Warning Before Being Let Go?
A lack of any feedback, targets, or warning before termination can support an unfair dismissal argument.
Employers are generally expected to give a probationer a fair chance to improve, which relates closely to poor performance dismissal.
How Is Compensation Different For Probationers?
Back wages are generally capped at twelve months pay for a probationer, compared to twenty four months for a confirmed employee, under the Second Schedule of the Industrial Relations Act 1967 1.
Reinstatement can still be sought regardless of this cap.
Does The Sixty Day Deadline Still Apply?
Yes, the same sixty day window from the date of dismissal applies to probationers as to anyone else.
There is no separate extension for being on probation, so use the deadline calculator right away.
What Should I Gather Before I Act?
Your offer letter, probation terms, any performance reviews, and the termination letter or message.
These documents show what was promised and what actually happened, and they support any Section 20 representation you lodge.
Being on probation does not close the door on a claim, and it can help to check the facts of your situation before the sixty day window runs out.
Common questions
Can a probationer even claim unfair dismissal?
Yes, probationary workers can lodge a Section 20 representation the same as confirmed staff. Being on probation does not remove the right to challenge a dismissal without just cause.
Doesn't probation mean I can be let go for any reason?
No, an employer still needs a fair reason and a fair process, even during probation. The burden of proof lies on the employer to show the dismissal was for just cause and excuse.
What reasons are usually given during probation?
Common reasons include unsuitability for the role, poor performance, or a mismatch with the job's demands. These reasons still need to be genuine and supported by some record, not just a label.
Was I given any warning before being let go?
A lack of any feedback, targets, or warning before termination can support an unfair dismissal argument. Employers are generally expected to give a probationer a fair chance to improve.
How is compensation different for probationers?
Back wages are generally capped at twelve months pay for a probationer, compared to twenty four months for a confirmed employee, under the Second Schedule of the Industrial Relations Act 1967. Reinstatement can still be sought regardless of this cap.
Does the sixty day deadline still apply?
Yes, the same sixty day window from the date of dismissal applies to probationers as to anyone else. There is no separate extension for being on probation.
What should I gather before I act?
Your offer letter, probation terms, any performance reviews, and the termination letter or message. These documents show what was promised and what actually happened during your probation.
Sources
- Back wages at the Industrial Court are generally capped at twenty four months pay for a confirmed employee and twelve months for a probationer under the Second Schedule of the Industrial Relations Act 1967. Donovan & Ho
- The burden of proof lies on the employer to show that a dismissal was for just cause and excuse. Mah Weng Kwai & Associates
Keep reading
Being on probation does not close the door on a claim, and it can help to check the facts of your situation before the sixty day window runs out.