Yes, an employer can end your employment during probation. You still get notice, or pay instead of notice, and any unused annual leave paid out. Whether you can claim unfair dismissal depends on how long you have worked there, usually 6 months, and protections against discrimination apply from your first day.
What is a probation period?
A probation period is a trial at the start of a job, so the employer and employee can check the employee suits the role. The Fair Work Ombudsman says the employer usually decides the length, and it often runs from 3 to 6 months from your start date.
What are you entitled to during probation?
The same entitlements as anyone who isn't on probation, including the National Employment Standards. If you are full-time or part-time, you build up and can use paid leave such as annual leave and sick leave from the start.
If you don't pass probation, you are still entitled to:
- notice when your employment ends
- your unused annual leave paid out.
How much notice do you get if you're let go?
The minimum under the National Employment Standards depends on your continuous service on the day you are given notice. For 1 year or less, it is 1 week. Your employer can let you work that week or pay you for it instead. Notice must be in writing and confirm your last day. An award, agreement or contract can give you more notice. It can't give you less.
Some employees, including casuals, aren't entitled to notice under the National Employment Standards, and someone dismissed for serious misconduct doesn't get notice.
Can you claim unfair dismissal during probation?
The test is service, and the Fair Work Ombudsman's eligibility list doesn't mention probation. To apply to the Fair Work Commission for unfair dismissal you must:
- have worked for the employer for at least 6 months, or 12 months if it is a small business with fewer than 15 employees
- be covered by the national workplace relations system
- be covered by an award or enterprise agreement, or earn less than the high income threshold.
Applications must be made within 21 days of the dismissal. A three month probation that you passed doesn't bring that date forward, and a dismissal in your first few months at a large employer usually falls outside unfair dismissal.
What other protections apply?
The general protections in the Fair Work Act stop an employer taking adverse action, such as firing you, because of a protected attribute or because you used a workplace right. Protected attributes include pregnancy, age, disability, race, sex and family or carer's responsibilities. A workplace right includes making a complaint or enquiry about your employment, such as asking about your pay rate.
These protections cover job applicants and new employees, including people who haven't started yet. If you think you were let go for one of those reasons, you have 21 days from the day after the dismissal to apply to the Commission.
Our guide to how long a PIP should last covers the performance process the Commission looks at once you are past the minimum period.
What did TAC readers tell us?
We shared the story of a graduate let go after a single mistake, with no warning, and asked our community whether it was unfair dismissal.
Most said it came down to probation or the 6 month mark, and many treated the two as the same thing. Some replies gave a 30 day deadline. The deadline for both unfair dismissal and a general protections dismissal claim is 21 days.
Grads have no rights, reality
They do have rights. A graduate let go during probation still gets notice, their unused annual leave and the discrimination and workplace rights protections.
If it's within probation (6 or 12 months depending on the company but assuming this is a large one so 6 months) it's fair game, harsh but true
Depends on how long they worked there. If less than 6 months not UD
Can still make a general protections claim (adverse action) if in probation period
Yes, Union support in upcoming meeting, provide evidence of all positive performance reviews and explain no opportunity for improvement/learning was provided. Write factual notes during the upcoming meeting, even if it slows the discussion down. If it still proceeds in this manner, go to fair work.
This is general information, not legal advice. If you have been let go, get advice quickly because of the 21 day deadline.
Sources
- Fair Work Ombudsman, Probation (length, entitlements, notice and annual leave if you don't pass, last updated 14 August 2026)
- Fair Work Ombudsman, Dismissal (written notice, minimum notice table, payment in lieu, who doesn't get notice)
- Fair Work Ombudsman, Unfair dismissal (6 and 12 month eligibility, high income threshold, 21 days)
- Fair Work Ombudsman, Protections at work (workplace rights, 21 days for general protections dismissal applications)
- Fair Work Ombudsman, Protection from discrimination at work (protected attributes, applicants and new employees)
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