Dismissed While Still On Probation
Your probation ended early and you are wondering whether probationers have any rights.
You were still finding your feet in a new job when the news came, your probation was over and so was your employment.
Many workers assume probation means no protection at all. That is not accurate under Malaysian law, though the practical picture for a probation dismissal looks different from a confirmed employee’s.
Do probationers have the same rights as confirmed staff?
Probationers can still bring an unfair dismissal claim under Section 20 if they believe the dismissal lacked just cause or excuse. Being unconfirmed does not remove that right.
What differs is mainly the ceiling on one remedy, not whether you can claim at all. The right to challenge an unfair dismissal applies regardless of confirmation status.
What counts as a fair reason during probation?
An employer can dismiss a probationer for genuine reasons such as consistently falling short of clearly communicated expectations, assessed fairly and honestly.
A dismissal with vague reasons, no feedback during the probation period, or timed suspiciously close to a confirmation review, invites more scrutiny.
Who has to prove the dismissal was justified?
The burden still rests on your employer to show just cause or excuse for the dismissal, the same as it would for any other worker1.
Ask for the specific reasons given, in writing, and compare them against any feedback or targets you were actually given during your time there.
What can a probationer’s claim actually achieve?
If a claim succeeds, remedies can include reinstatement or back wages, capped at twelve months for a probationer rather than the twenty four months available to a confirmed employee2.
You still have sixty days from the date of dismissal to file a Section 20 representation with the Director General of Industrial Relations3.
What should you do this week?
Gather your offer letter, any probation targets you were given, and every piece of feedback, good or bad, from your time there.
If your probation kept being extended instead of ending in dismissal or confirmation, read about an indefinitely extended probation, and use the deadline calculator to check your sixty days.
A lawyer can review your probation targets and feedback history to judge how solid your employer's stated reason really is.
Common questions
Can I be dismissed during probation without any reason given?
Your employer still needs just cause or excuse to dismiss you fairly, even during probation. A complete absence of any explanation, especially with no prior feedback, can support a claim that the dismissal was unfair.
Is the sixty day deadline different for probationers?
No, the same sixty day window from the date of dismissal applies whether you were confirmed or still on probation. Missing that window can end your ability to file a claim regardless of your employment status.
What if my probation period had already technically expired?
If your probation period ended without formal extension or confirmation, that timing itself can be relevant to your case. Bring the exact dates in your offer letter and any extension letters to a lawyer for review.
Does a bad review during probation automatically justify dismissal?
Not automatically. A single negative review, without a fair chance to address the concerns raised, may not meet the standard of a genuinely justified dismissal on its own.
Sources
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at twelve months for a probationer, compared with twenty four months for a confirmed employee. DNH
- An employee who believes they were dismissed without just cause may file a Section 20 representation within sixty days of the dismissal. Mah Weng Kwai & Associates
Keep reading
A lawyer can review your probation targets and feedback history to judge how solid your employer's stated reason really is.