The Steps In A Probation Dismissal Claim

You want the whole path laid out clearly, from your dismissal to a possible award at the end.

A probation dismissal claim follows the same formal steps as any other dismissal, with one key difference in the evidence involved.

What happens at the very first step?

Your dismissal date is what starts your sixty day window running, regardless of whether you were confirmed or still on probation¹. Treat that date as the anchor point for everything that follows.

Your probation targets and feedback history become central facts here, more so than they might in a longer-tenured employee’s case.

What happens once you file your representation?

You file a Section 20 representation with the Director General of Industrial Relations within sixty days of your dismissal. The department then usually arranges one or two conciliation sessions between you and your former employer².

Many cases settle at this stage, once both sides have set out how the probation was actually assessed.

What happens if conciliation does not resolve things?

The case moves forward to the Industrial Court, where the reason given for your dismissal is examined against your actual targets and feedback record. A vague or unsupported reason invites more scrutiny at this stage.

Bringing a clear, organised record of your probation period helps a lawyer present your side effectively here.

What happens at the hearing, and what can it achieve?

Both sides present evidence before the Court issues a written award. Remedies can include reinstatement or back wages, capped at twelve months for a probationer rather than the twenty four months available to a confirmed employee.

Documents and feedback records from earlier stages usually resurface here, which is why keeping them organised from the start pays off.

Does timing stay the same throughout this process?

The sixty day window is fixed from your dismissal date and does not pause while your case moves through each stage. Since conciliation now refers a failed case straight to the Industrial Court, there is less built-in delay than there used to be.

Treat each stage as moving forward promptly once it begins, rather than assuming there is unlimited time to prepare.

What should you do this week?

Confirm your timeline with the deadline calculator, and read what to do after your dismissal if you have not already. Ask a lawyer how the Industrial Court is likely to view your specific targets and feedback record.