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NSW Dismissed During Employment Probation Period - Annual Leave Entitlements?

Discussion in 'Employment Law Forum' started by Evolution, 23 July 2015.

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  1. Evolution

    Evolution Member

    23 July 2015
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    I was employed full-time on 2 February 2015 and dismissed during my probation period on 16 July 2015. My probation period lasts for 6 months from 2 February 2015. I was not given any notice period or documentation to state that my employment was to finish on the 16 July 2015, only verbally was advised on the 16 July 2015 that I will be finishing my employment. I do have an employment contract.

    I have not been paid my annual leave. Am I entitled to be paid out my annual leave?

    Also with my employment finishing earlier than the completion of my probation period (2 August 2015). Am I entitled to be paid out the remaining days of my probation period because my employment finished earlier before the completion of my probation period?

    Can you advise or give thoughts on what I should do under employment law?
  2. Ivy

    Ivy Well-Known Member

    10 February 2015
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    Hi there,

    1. Are you employed under a modern award or enterprise agreement? Check the award or EA to see what it says about probation periods.
    2. What did your employment contract say about your probation period? Does it say that you could be dismissed without notice and under what circumstances? Does it say that you would be an ongoing employee whose employment could be terminated during the probation period if you didn't perform well? OR does it read as though you may be given a new contract after the probation period if you do perform well?
    3. What reason was given for your termination?

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