I'm on probation — can I be fired?
Your rights during a probation period — what employers can and can't do, and what protections you still have.
What probation actually means
A probation period is an initial period of employment (usually 3-6 months) during which the employer assesses your suitability for the role. It's governed by your employment contract, not the Fair Work Act — the Act doesn't mention 'probation.' During probation, you're a regular employee with almost all the same rights as any other employee. The main difference is your access to unfair dismissal protections.
Can you be fired during probation?
Yes, but not for any reason. During probation, you can be dismissed more easily because you haven't yet completed the minimum employment period for unfair dismissal protection (6 months, or 12 months for small businesses with fewer than 15 employees). However, you still have protections against discrimination, adverse action, and being fired for exercising a workplace right.
What you're still protected from
Even during probation, your employer cannot fire you because of your race, sex, age, disability, religion, pregnancy, sexual orientation, or any other protected attribute. They also can't fire you for making a complaint about your pay or conditions, joining a union, taking sick leave, filing a workers comp claim, or refusing to do something illegal or unsafe. These protections apply from day one — no qualifying period.
Notice period during probation
You're still entitled to notice of termination during probation. If you've been employed for less than 1 year, the minimum notice period under the National Employment Standards is 1 week. Your contract or award may provide for a longer notice period. The employer can pay you in lieu of notice instead of having you work out the notice period.
What you're entitled to if dismissed
If dismissed during probation, you must receive: payment for all hours worked up to your last day, any accrued annual leave (paid out), the correct notice period (or payment in lieu), and super on all earnings. You should receive your final pay within 7 days of termination. Request an itemised final payslip.
What to do if you think the dismissal is wrong
1. Even without unfair dismissal rights, you can lodge a general protections claim if you were fired for a prohibited reason (discrimination, exercising a workplace right). 2. This must be done within 21 days at the Fair Work Commission. 3. Unlike unfair dismissal, general protections claims have no minimum employment period. 4. Contact the Fair Work Infoline on 13 13 94 for advice. 5. Keep records of any conversations or documents that suggest the real reason for your dismissal.
Official resources
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.