What can you do if you are fired on probation?

In Trinidad & Tobago, employees on probation are entitled to many of the same rights as permanent employees- the main one being the right not to be unfairly dismissed. 

If your employer fired you while you were on probation, and he failed to follow the proper steps during your probation, that dismissal may be unfair and you may be entitled to compensation. 

Proper steps your employer must take during your probation include: 

1. Job Description (JD). At the beginning of your probation, you should be provided with a clear JD that outlines your responsibilities. Additionally, you should be given the goals and targets that you are expected to achieve. 

2. Training. Also at the beginning of your probation, you should be trained on how to perform your responsibilities and trained on the company’s practices and procedures. 

3. Feedback. If there are any issues with your performance, your employer should bring those issues to your attention as early as possible. 

4. Performance Appraisals. You should receive appraisals during your probation which should clearly show how you are performing in your role. Ideally, there should be at least 2 appraisals- one at the middle of the probation and one near the end. 

5. Coaching. If the feedback or appraisals highlight any performance shortcomings, you should be given coaching and training to help you improve on those areas. 

6. Written Warning. If your performance continues to be below expectations after receiving feedback and further training, you should be given a written warning that if your performance does not improve, your probation may be unsuccessful. 

Your employer has a responsibility to give you a fair opportunity, during your probation, to succeed and earn the permanent role. 

If your employer failed to follow any of these steps and dismissed you during or at the end of your probation, your dismissal may be unfair and you may be entitled to compensation.