Probation Dismissal Mistakes To Avoid
You want to avoid the errors that quietly weaken a case after a probation dismissal.
Some mistakes after a probation dismissal are quiet ones, and you only notice them once they are much harder to fix later.
A few specific errors come up again and again, and each one is avoidable with a little awareness and a moment of patience beforehand.
Assuming probation means you have no rights
This is one of the most common and costly assumptions people make. Probationers can still bring an unfair dismissal claim, and the burden of proving just cause still sits with the employer, not with you1.
Believing otherwise can stop someone from even checking their position, which closes off options unnecessarily and much too early in the process.
Accepting a vague reason without asking for more
A verbal, generic explanation is harder to challenge later than a specific, written one. Asking for the reason in writing costs you nothing and gives you something concrete to review with a lawyer afterward.
Silence or vagueness from your employer, when pressed for specifics, is itself worth noting carefully at the time it happens.
Assuming the deadline is shorter during probation
Some people assume a shorter employment history means a shorter window to act, but that is not correct. The same sixty day deadline applies whether you were confirmed or still on probation2.
Signing an exit document without reviewing it
Agreeing to sign something on the spot, under pressure, can remove options you did not realise you had. Asking to take it home, even briefly, rarely costs you anything real.
Is it a mistake to delay gathering your records?
Waiting weeks to collect your probation targets and feedback history makes them harder to gather later. This is especially true once you have lost access to work systems and shared drives.
Save copies as soon as you reasonably can while you still have them, ideally on the very same day you are dismissed.
Screenshots and emails, saved outside your work accounts, are worth more later than a memory of what was said.
What should you do this week?
Check your position with the deadline calculator, and read about common myths regarding probation before taking any further step forward. A lawyer can review what you have done so far and flag anything worth fixing before you file a Section 20 representation of your own.
A lawyer can review what has happened so far and flag anything worth addressing before you go further.
Common questions
Is assuming probation means no rights a common mistake?
Yes, this is one of the most common and costly assumptions. Probationers can still bring an unfair dismissal claim, and the burden still sits with the employer.
Is not asking for the reason in writing a mistake?
Yes, a vague verbal explanation is harder to challenge later than a written one. Asking for it in writing costs nothing and protects your position.
Is missing the sixty day deadline a common mistake for probationers?
Yes, some assume a shorter, simpler process during probation means a shorter deadline too. The window is the same sixty days as for any other dismissal.
Is signing an exit document without review a mistake?
It can be, since it may remove options you did not know you had. Asking to take it home to review, even briefly, is a reasonable request.
Sources
- In an unfair dismissal case, the burden of proof rests on the employer to show just cause or excuse for the dismissal. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within sixty days of the dismissal. Mah Weng Kwai & Associates
Keep reading
A lawyer can review what has happened so far and flag anything worth addressing before you go further.