Many employees in Queensland believe they have no rights during probation. This is one of the most common misconceptions in employment law. Unfair Dismissal During Probation depends not on what your contract says, but on legal rules under the Fair Work Act 2009.
Understanding your rights early can help you avoid missed deadlines, lost claims, and unnecessary stress.
What Does Probation Really Mean?
A probation period is a trial phase set by employers to assess performance and suitability. However, it is not a legal loophole. Employees are still protected by workplace laws from day one.
The key factor is not probation itself, but whether you meet the minimum employment period, which determines eligibility for an unfair dismissal claim.
Minimum Employment Period Rules
To claim Unfair Dismissal During Probation, you must have worked:
6 months for businesses with 15+ employees
12 months for small businesses
If you have not reached this period, you may still have rights under General Protections laws, especially if the dismissal involves discrimination or workplace rights.
When Termination Becomes Unfair
Even during probation, termination must not be harsh, unjust, or unreasonable. Common valid reasons include poor performance, misconduct, or operational changes. However, employers should still:
Provide clear feedback or warnings
Follow a fair process
Give proper notice
A rushed or poorly handled dismissal may still lead to legal challenges.
Unfair vs Unlawful Dismissal
Understanding the difference is essential:
Unfair dismissal focuses on whether the process and decision were reasonable
Unlawful dismissal relates to prohibited reasons like discrimination, illness, or exercising workplace rights
Importantly, unlawful dismissal protections apply from day one, even during probation.
Time Limits You Cannot Miss
If you believe you experienced Unfair Dismissal During Probation, you must act quickly. Claims must be lodged within 21 days of dismissal. Missing this deadline can limit your options significantly.
Why Legal Advice Matters
Employment disputes can escalate quickly. Early legal advice helps clarify your rights, assess your eligibility, and guide you through the claims process. Whether you are an employee or employer, understanding your obligations reduces risk and improves outcomes.
Frequently Asked Questions (FAQs)
1. Can I claim unfair dismissal during probation?
Yes, if you meet the minimum employment period.
2. What if I haven’t worked long enough?
You may still claim under the General Protections laws.
3. How long is the minimum employment period?
6 months (large business) or 12 months (small business).
4. Can I be fired without warning during probation?
Employers should still follow fair procedures.
5. Is dismissal via text message legal?
Not illegal, but may support an unfair dismissal claim.
6. What is unlawful dismissal?
Termination for discriminatory or prohibited reasons.
7. How long do I have to file a claim?
21 days from the dismissal date.
8. Do casual employees have rights?
Yes, if employment were regular and systematic.
9. What compensation can I receive?
Up to 26 weeks’ pay (subject to legal limits).
Contact Aylward Game Solicitors
📞 07 3236 0001
✉️ mail@aylwardgame.com.au
🌐 aylwardgame.com.au
Article Source: Can You Claim Unfair Dismissal During Probation?
