Being dismissed during probation can be shocking, stressful, and confusing. Many employees assume they have no rights during their probation period—but that is not always true. Under Australian employment law, some workers may still be eligible to challenge their termination depending on how and why they were dismissed.
This guide explains your probation rights in Western Australia, when you can make a claim, and how employment lawyers Perth can help protect your interests.
A probation period is usually the first few months of employment where an employer assesses your performance and suitability for the role. While employers have greater flexibility during probation, they must still follow lawful procedures and act fairly.
Being on probation does not mean you can be dismissed for unlawful reasons such as discrimination, workplace rights breaches, or retaliation.
If you were dismissed during probation, you may still be able to take legal action if:
- Your dismissal was discriminatory
- You were terminated for exercising a workplace right
- Your employer breached your contract
- You were treated unfairly or without due process
Even if you are not eligible for a standard unfair dismissal claim, you may have alternative legal options under Australian employment law.
Generally, to lodge an unfair dismissal claim, you must:
- Have completed the minimum employment period
- Have been dismissed harshly, unjustly, or unreasonably
However, there are exceptions. An unfair dismissal lawyer can assess whether your case qualifies or if other legal claims apply.
Many probation terminations are challenged because:
- No warning or opportunity to improve was given
- Performance concerns were not documented
- The real reason was discrimination or bias
- The dismissal was sudden or retaliatory
Seeking advice from qualified employment lawyers Perth WA helps uncover whether your employer acted unlawfully.
Working with employment lawyers Perth ensures you understand your rights and next steps. They can:
- Review your contract and dismissal circumstances
- Advise if you have a valid claim
- Lodge legal applications
- Negotiate settlements
- Represent you in Fair Work or court
Choosing the best employment lawyer gives you the strongest chance of a positive outcome.
Strict time limits apply to employment claims. If you wait too long, you may lose your right to take action. Unfair dismissal claim services in Perth help ensure your claim is lodged correctly and on time.
Being dismissed from your job during probation does not automatically mean you have no rights. With support from the best unfair dismissal lawyers in Perth, you can explore your legal options and protect your future. If you believe your dismissal was unfair, seek professional advice immediately.
- Can I claim unfair dismissal during probation?
In some cases, yes. An unfair dismissal lawyer can assess your eligibility. - How long do I have to make a claim?
Time limits are strict, often within 21 days. Seek legal advice immediately. - What if my employer gave no reason?
This may strengthen your case under Australian employment law. - Do I need a lawyer?
Yes. Qualified employment lawyers Perth WA can protect your rights. - Who offers unfair dismissal claim services in Perth?
Specialist employment law firms provide assessment, filing, and representation.
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