How Long Does This Claim Take
You want an honest sense of how long a claim over a probation dismissal usually takes.
Does Probation Status Change The Filing Timeline
The sixty day filing window and conciliation work the same way whether you were confirmed or still on probation. What changes is not the timeline but the remedy ceiling.
Back wages are capped at twelve months for a probationer, rather than twenty four for a confirmed employee3. That lower cap does not shrink the time it takes to establish whether your dismissal was fair. It only affects what is at stake once fairness is decided.
Why Confirmation Issues Can Complicate Timing
Some probation dismissals involve a genuine dispute over your status. Your probation may have been quietly extended, or you may have been confirmed without formal notice, or the stated period may have already lapsed.
Untangling that history can add time before you even reach conciliation. Gathering your offer letter, any extension notices, and confirmation correspondence early tends to shorten this part of the process.
What Happens Once You File
The department usually arranges one or two conciliation sessions once you file1. A clear record of your probation terms and any confirmation dispute moves through this stage more smoothly than a vague account.
If conciliation does not resolve things, the case moves directly to the Industrial Court. The 2020 amendment removed the ministerial screening step that used to add delay2. From there, timing depends on the court’s schedule and how contested your confirmation status is.
What Should You Do While You Wait
Keep your offer letter, targets, and any confirmation correspondence organised, since dates can be set with limited notice. Read about how to prepare your case and check your deadline with the deadline calculator.
A lawyer can flag early whether your confirmation status is likely to be disputed. Ask before you file a Section 20 representation.
A lawyer can give you a realistic sense of timing based on your specific probation status and confirmation history.
Common questions
Does being on probation change how long the process takes
The filing and conciliation steps are the same regardless of confirmation status. What differs is the back wages ceiling if your case succeeds, which is lower for a probationer than a confirmed employee.
What is a confirmation issue and why does it matter here
A confirmation issue is a dispute over whether you were still on probation, quietly confirmed, or kept on an extended probation past its stated end date. Sorting this out early affects how your case is framed.
How long does conciliation usually take
The department typically arranges one or two sessions, with the gap between them depending on scheduling for both sides. Some cases resolve here, ending the process earlier than a hearing would.
Does the lower back wages cap mean a shorter hearing
Not necessarily, since the hearing still needs to establish whether the dismissal was fair regardless of the ceiling on remedy. The cap affects the amount at stake, not automatically the length of the hearing.
Sources
- After a representation is filed, the Department of Industrial Relations usually arranges one to two conciliation sessions between the employer and the employee. Mah Weng Kwai & Associates
- Since the Industrial Relations (Amendment) Act 2020 came into force, a case that fails at conciliation is referred directly to the Industrial Court by the Director General, without ministerial screening. MECA
- Back wages awarded by the Industrial Court are capped at twenty four months for a confirmed employee, or twelve months for a probationer, assessed up to the last day of hearing. DNH
Keep reading
A lawyer can give you a realistic sense of timing based on your specific probation status and confirmation history.