I was sacked during my probation period. Can I still claim unfair dismissal?

What the Law Says

The Fair Work Act sets strict eligibility rules for unfair dismissal claims. Probationary status alone doesn’t determine rights — what matters is whether you’ve completed the minimum employment period and meet other statutory criteria.

Under the Fair Work Act 2009 (Cth), an employee must have completed a minimum employment period to be eligible to make an unfair dismissal claim. For most employers, this is 6 months. For small business employers (those with fewer than 15 employees), it’s 12 months.

Even if you’re on probation, once you’ve worked past that minimum period, you may be protected — regardless of your probationary label. Probation does not override statutory entitlements.

Additionally, you must earn less than the high income threshold ($83,000 per year as of 2024, indexed annually) unless covered by a modern award or enterprise agreement. You also must lodge your unfair dismissal application with the Fair Work Commission within 21 days of your dismissal taking effect.

Statutory Text

An employee has completed the minimum employment period if: (a) the employee has been employed by the employer for at least 6 months; or (b) the employer is a small business employer — the employee has been employed by the employer for at least 12 months.

— Fair Work Act 2009 (Cth), s. 383 — Minimum employment period

Statutory Text

An employee who has not completed the minimum employment period is not entitled to make an application for unfair dismissal.

— Fair Work Act 2009 (Cth), s. 384(1) — Eligibility to make an application

What to Do

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