Can you claim unfair dismissal whilst on probation?

Yes, if you have completed the minimum employment period (6 months for large businesses, 12 months for small businesses). Even if you haven't reached that time, you can still file a General Protections claim if the firing was discriminatory or unlawful.

What are valid reasons for termination during the probationary period?

Common valid reasons include poor performance, failure to meet the role's inherent requirements, or serious misconduct. However, the dismissal must still not be harsh, unjust, or unreasonable under the Fair Work Act 2009.

Can a company terminate you during your probation period?

Yes, but they must provide the correct notice period (usually one week) and ensure the reason for termination does not breach General Protections laws, such as firing someone for being pregnant or joining a union.

What is the average payout for unfair dismissal?

In 2026, settlements typically range from $8,000 to $40,000. Statutory compensation is capped at 26 weeks of pay or half the high-income threshold (approx. $91,550 for the 2025-2026 period).

Is there a special law for unfair dismissal in QLD?

Most Queenslanders are covered by the federal Fair Work Act. However, state government and local council employees are covered by the Industrial Relations Act 2016 (QLD), which provides similar but distinct protections.

Can I claim unfair dismissal during a probation period in Australia if I am a casual?

You can only claim if you were a regular and systematic casual with a reasonable expectation of ongoing work, and you met the 6 or 12-month minimum employment period.

What if my employer fired me via text message?

While unprofessional, firing via text isn't necessarily illegal. However, it can be a strong factor in proving that the dismissal was procedurally unfair or harsh during a Fair Work Commission hearing.

How do I find unfair dismissal lawyers in Brisbane?

Aylward Game Solicitors provides expert legal force across Brisbane and the Gold Coast. Contact Ian Field at 07 3236 0001 for a practical approach to your employment law dispute.

What is the filing fee for a claim in 2026?

The Fair Work Commission filing fee for the 2025-2026 financial year is $89.70. The fee may be waived if you can prove that paying it would cause significant financial hardship.