When Not To Claim A Probation Dismissal
Not every probation dismissal is worth challenging, and this guide explains when to let it go.
Why Probation Changes The Calculation
A probationer can file a Section 20 claim just like a confirmed employee. The employer still has to prove the dismissal was fair.
But the financial ceiling is different, and that changes whether filing is worth the effort. Back wages for a probationer are capped at twelve months, against twenty four months for a confirmed employee2.
If your probation lasted only a few months, the realistic award sits well below even that lower cap.
When A Confirmation Dispute Is Not Worth Fighting
Did your employer give clear targets for confirmation, or warn you of any shortfalls? If not, and the contract simply lapsed or ended abruptly, that thin record can work in your favour if you do file.
But if there were documented reviews and a fair chance to meet stated expectations, a challenge is harder. Weigh the small ceiling against how strong your paper trail actually is.
If your real complaint is unpaid salary, unused leave, or a benefit the employer owes you, that usually belongs with the Labour Department. It falls under the Employment Act, not a Section 20 claim, and filing in the wrong place wastes the time you do not have.
What A Better Path Can Look Like
Where the numbers do not justify a formal claim, consider a direct request instead. A fair reference letter or a small settlement can get you more, faster, than months of process for a capped outcome.
Check your exact dismissal date on the 60-day deadline calculator before ruling anything out1. The dismissal during probation entity page explains what a fair confirmation process should have looked like.
The back wages explained guide breaks down how the twelve month cap is actually calculated. If your record is strong enough to still be worth pursuing, the Section 20 representation page explains the filing step.
For the same weighing exercise written for a misconduct case, see when a misconduct dismissal is not worth challenging. A short conversation with a lawyer costs you little and can settle the question either way.
Bring your offer letter and any review notes so the assessment is grounded in your actual facts.
If you are weighing whether a short probation record is worth a formal claim, a lawyer can help you look at the numbers honestly.
Common questions
Do probationers have the same protection as confirmed staff
A probationer can still file a Section 20 claim, but a shorter service record often means less documented history to point to. The employer still carries the burden of proving the dismissal was fair.
Why does the back wages cap matter for probationers
A probationer's back wages are capped lower than a confirmed employee's, so the financial upside of a claim is smaller from the start. That is worth weighing honestly before committing time to a formal process.
What if I am only owed unpaid salary or leave
Unpaid wages and leave are usually a Labour Department matter under the Employment Act, not a Section 20 dismissal claim. The two routes are separate, and a lawyer can point you to the right one.
Can I still negotiate directly with my employer
Yes, and many probation disputes end there. A calm written request for a reference or a small goodwill payment sometimes resolves things faster than a formal claim, especially where the amounts at stake are modest.
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
Keep reading
If you are weighing whether a short probation record is worth a formal claim, a lawyer can help you look at the numbers honestly.