How To Prepare For A Probation Dismissal
If you were dismissed during probation, here is how to prepare before you take the next step.
Start With Your Offer Letter And Probation Terms
Gather your offer letter and employment contract first, since these set out the probation period your employer was expected to follow. Add the dismissal letter or any written or verbal termination message you received.
Because the employer carries the burden of proving the dismissal was fair2, the confirmation process itself is often the most useful record. Note every appraisal, review meeting, or email that touches on whether you were meeting expectations.
Document What Was Said About Confirmation
Write down every conversation about your confirmation date, including any that were postponed or never explained. A probation period extended repeatedly with no clear reason, or a dismissal that arrives right before confirmation was due, is worth noting in detail.
If your manager never set clear expectations for what confirmation required, write that down as your own account while it is fresh. The absence of a documented standard can matter as much as a written warning would.
Keep copies of everything outside your work email and work phone, in case access is cut off after your last day. A simple folder on your personal device or a printed set is enough.
Turning Your Documents Into Next Steps
Check your exact dates against the 60-day deadline calculator so you know how much time remains1. The dismissal during probation entity page explains what a fair confirmation process should have looked like, and the back wages explained guide covers how any award would be calculated for a probationer.
If you plan to move forward, the Section 20 representation page walks through what filing involves. The guide on preparing for a misconduct dismissal claim covers similar ground if your situation also involved an allegation of conduct.
A lawyer can look at what you have gathered and tell you quickly whether it supports a claim. Bringing an organised set of documents makes that first conversation far more useful.
Once your offer letter and probation review records are together, a lawyer can review them with you and explain what they show about your case.
Common questions
What documents should I gather first
Start with your offer letter, employment contract, and the dismissal or termination letter itself. Add any appraisal notes, probation review emails, and messages from your manager that mention performance or conduct.
What if I was never told why my confirmation was delayed
Write down every time confirmation was raised and what, if anything, you were told about why it was delayed. A pattern of silence on confirmation can support your account later.
How soon should I start preparing
As soon as possible, since your filing window is fixed and does not pause while you gather documents. Preparing early also means you remember details more clearly than you will weeks later.
What if I never received anything in writing
A verbal dismissal with no letter is still worth documenting. Write your own account of what was said, when, and by whom, right after it happens, since this becomes useful evidence.
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
- In an unfair dismissal case the burden falls on the employer to prove the dismissal was for just cause or excuse Mah Weng Kwai & Associates
Keep reading
Once your offer letter and probation review records are together, a lawyer can review them with you and explain what they show about your case.