Were You Let Go During Probation?
You are still on probation, and your employer says you can go without any real process.
Being on probation feels like having fewer rights. The law does not agree: it still asks whether your employer had just cause to let you go.
Do probationers have unfair dismissal rights?
Yes. The right to claim unfair dismissal under Section 20 covers any “workman”, an employee covered by the Industrial Relations Act.2 That status does not depend on whether you were confirmed.
A common assumption is that probation status removes your rights entirely, but that assumption does not hold. Your employer still carries the burden of proving a fair reason and a fair process, just as it would for a confirmed employee.3 Read more about how unfair dismissal works if you are unsure whether your situation qualifies.
What counts as a fair reason to end probation?
A frequent reason employers give is that you are “not suitable for the position”, and that can be a fair reason if it is genuine. The catch is that your employer still has to show it, with specific gaps against a real standard, not a vague feeling.
A reason invented after the fact, or one that contradicts a recent good appraisal, is exactly the kind of gap the Industrial Court looks for.
What does a fair process look like?
Even during probation, you should normally get some warning that your performance is in question, and a chance to respond. A dismissal that comes out of nowhere, with no prior warning at all, is easier to question later.
Keep any appraisal, email or message about your performance. It becomes the record your employer’s reason has to survive.
Can my employer just keep extending my probation?
An extension is not automatically unfair, but it should come with a clear reason and a real review, not silence stretching on. If your probation drags on well past its original term with no explanation, that pattern itself is worth raising.
Repeated extensions with no genuine assessment can look like an employer avoiding the responsibilities that come with confirming you.
What can I actually recover if I win?
The remedy follows the same claim structure as any dismissal: getting your job back (reinstatement), or compensation in its place. Back wages, the salary you lost while out of work, are capped lower for a probationer: 12 months of last-drawn salary, compared with 24 months once you are confirmed.1
No one can promise you a figure before looking at your facts. What matters early is understanding this difference, and whether reinstatement or compensation fits your situation better.
What should I do this week?
If you have already been told your probation is ending, treat the 60-day window the same as any dismissal.2 You still have 60 days from your last day to lodge a written claim with the Director General of Industrial Relations.2
You can work out your exact deadline once you are ready.2 A Section 20 representation is the written claim you lodge to say your dismissal was unfair.2 If it does not settle at conciliation, a meeting run by an officer to help both sides settle, it goes directly to the Industrial Court.
Being on probation does not put you outside the same 60-day window, so the date on your letter still matters. Tell us that date and what you were told, and we can help you see where you stand.
Common questions
Can my employer dismiss me during probation without any reason?
Not fairly. Your employer still needs a genuine reason and a process that gives it substance, even during probation. A dismissal with no reason at all, or one invented after the fact, is usually the easiest kind to question.
Does 'not suitable for the position' count as a fair reason?
It can, but only if your employer can show it with something real: specific gaps against a clear standard, not a vague feeling. A reason that contradicts a recent good appraisal is worth raising with a lawyer.
Can my probation just be extended instead of confirming me?
An extension on its own is not automatically unfair. It becomes worth questioning when it repeats with no genuine review, or drags on well past what your contract or offer letter set out, with no explanation given.
Do I get less compensation because I am still on probation?
The back-wages cap is lower for a probationer than for a confirmed employee, so yes, the range differs. The claim process and the reason your employer must prove are otherwise the same.
What if I was never told why I did not pass probation?
That silence is itself worth noting down. Write out what you were told, if anything, and when, along with any appraisal or message you received. A missing explanation is usually the first gap a lawyer will ask about.
Sources
- Back wages awarded by the Industrial Court are capped at 12 months of last-drawn salary for a probationer, and 24 months for a confirmed employee (Second Schedule, Industrial Relations Act 1967). Donovan & Ho, Back Wages at the Industrial Court
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations within 60 days of the dismissal (Section 20, Industrial Relations Act 1967). Mah Weng Kwai & Associates, Unfair Dismissal
- The burden of proving just cause or excuse for a dismissal rests on the employer, not the employee, once a claim reaches the Industrial Court. Mah Weng Kwai & Associates, Unfair Dismissal
Keep reading
Being on probation does not put you outside the same 60-day window, so the date on your letter still matters. Tell us that date and what you were told, and we can help you see where you stand.