Dismissed During Probation: 5 Shocking Examples

If an employee is fired during their probation period, they are generally not entitled to lodge an unfair dismissal claim. This is because you need to have been employed for at least six months to be eligible, or if employed by a small business, at least one year.

What this means is that during a probation period – which generally lasts for six months – an employer has more freedom to fire an employee. They do not have to adhere to procedural fairness, like they normally would beyond this timeframe.

This makes a probation period an anxiety provoking time for many employees, who can face the axe at any minute, for reasons that would normally be considered unfair. This, however, does not mean you do not have rights during this time, which you can read about in our article.

In this article, we look at four recent examples of workers in Australia and around the globe who were dismissed during their probation period.

1. Victorian Worker Dismissed After Just Two Days Following Discovery of Past Life

This story made the rounds in March 2023. It involved (name removed), who was dismissed by a regional Victorian real estate agency after just two days. The reason? According to her, she had been fired after the agency learnt of her previous involvement in the sex industry.

The 33-year-old said that her first day at the agency went well, but on her second, she was called into a meeting and sacked. One of her colleagues had told the agency about her past as a sex worker. The agency told her that it had found “pornographic images” of her online. These, they felt, “were not in keeping with its branding and reputation in the business community.”

At that point, she said that she found herself “crying and trying to explain that … it was 10 years ago, and essentially begging for my job,” she told the ABC.

She subsequently made a claim with the Victorian Civil and Administrative Tribunal. She argued that she was fired due to her past in the sex industry. Under the Victorian Equal Opportunity Act, it is illegal for employers to discriminate against individuals based on their current or past involvement in the sex industry. This legislation was introduced in 2022.

“I knew that it wasn’t right and I didn’t have to put up with that and to carry all the shame around anymore,” she told the ABC. “I had a right to work, I have a right to have a job to support myself.”

She said that she had been fired for her sex work past on two previous occasions. This happened, however, prior to the introduction of the Victorian Equal Opportunity Act. She told the ABC that she intended to donate $5,000 of any compensation she received to a charity that supports sex workers.

The outcome of her Victorian Civil and Administrative Tribunal case has not been made public.

Read More: Can the Employer Dismiss you for Having an OnlyFans Account?

2. Melbourne Dad’s Secret Recording of Probation Dismissal Goes Viral

In December 2024, a Melbourne dad who was fired just a few weeks before Christmas made headlines. Eric Ho Pham had almost completed six months in his corporate job for an unnamed employer. But during a meeting at the end of his probationary period, Mr Pham was let go. He did, however, secretly recorded the meeting and uploaded it to TikTok, where it has since gained over half a million views.

In the video Mr Pham said that his dismissal stemmed from his refusal to engage in “office politics.” It then features a recording of the conversation between him and his manager, who described Mr Pham as “hands-on” and a “team player.” However, the manager explained that the company had “multiple conversations” which led to the decision not to extend his contract.

“At this stage, unfortunately, we won’t be able to actually continue the contract on,” she told him during the meeting. “That wasn’t an easy decision to make. The role itself is not an easy role to do. You actually did a pretty good job… [You] gave it a go and you tried your best.”

Mr Pham did, however, take the dismissal well. He told his manager that “redirection is sometimes for a reason,” before hugging her.

@erichopham I got fired today… #9to5 #god #chaseyourdreams #officejob #conversationwithgod #creatorsearchinsights ♬ Low Rider – WAR

Had voiced concerns about pay

As to why he was let go, Mr Pham offered his take in the TikTok. He mentioned that one of the reasons may have been that he had highlighted his low pay during his probation period.

“I was doing good, just got nitpicked for all my errors and made big deals out of them,” he wrote in a social media post. “They want cheap labour that don’t know their worth. I stated the pay wasn’t all that.”

Comments on his video pointed out that Mr Pham’s manager didn’t actually give him a good reason why he was fired.

“She didn’t say once what you did wrong,” one commenter said. Another added, “That HR lady made no sense on why you were fired in the first place.”

Mr Pham viewed his dismissal as an opportunity to focus on his own business, which offers clothing and other products.

“Now it’s time to chase my dream,” he said. “If you want, buy a T-shirt, or buy a phone case. Life goes on.”

Read More: Worker Who Resigned During Argument Wins Unfair Dismissal

3. Backpacker Gets Fired After One Month Into ‘Dream Job’ on Gold Coast

In October 2024, an English backpacker’s tale of getting abruptly fired went viral on social media. Twenty-three-year-old Amie Bolton moved to Australia two years ago. She had been working as a social media content creator on the Gold Coast. Just over a month into the corporate role, she was called into her boss’s office and told she was being dismissed. The reason her boss gave was that they needed someone with more experience.

“They just handed me the termination letter and were like, this is so hard for us to do but we’re gonna have to let you go,” she said in an Instagram video

Ms Bolton said her dismissal was “frustrating” and “unexpected.” She said that she had told her boss about her limited experience prior to joining the company.

“Why bring me on and get me excited about my first-ever dream corporate job just to let me go with immediate effect?” she said.

Ms Bolton’s boss told her that it was not her performance that led to her being let go, saying that the social media content she had created had been “converting well.” The issue, however, was that the company did not have the resources to provide the support she needed.

Ms Bolton said she was given a one-week payout by the company and was subsequently unemployed for a month. The anxiety of not having a paycheck and “being on the other side of the world by myself” caused her to have “a big spiral in mental health.” She claimed that she still has not found “any kind of constant or reliable income for the past few months really.”

Ms Bolton said that she now wants to show other backpackers that life in Australia is not as rosy as it seems.

“It’s important for people to see the downsides of people’s experiences here because social media often sugarcoats it,” she said.

Read More: Performance Management Process -What Employees Need To Know

4. Dental Worker Dismissed in Probation for Being ‘Too Fat’ for Uniform

This story, which attracted media attention in February 2023, involved a Chinese woman who worked at a dental hospital. She had been fired at the end of her three-month probation period. The reason? For being “too fat,” the woman claimed.

The woman, whose surname is Tian, specifically alleged that she was let go as the hospital could not find a uniform that fit her. She had recorded the dismissal meeting with her manager and later shared it on social media. The video later went viral across China.

“Am I dismissed for being too fat to fit into the work uniform?” Ms Tian asked her managed when told of her sacking.

“It’s not exactly the reason, and a second reason is that you are often late for work,” the manager replied.

Ms Tian went on to say, “the fact that I’m fat is nothing new, but I’ve never suffered discrimination because of it.” At this point, the manager tried to explain the hospital’s reasoning. She claimed that it was not discriminating against her, but that it was simply a matter of resourcing.

Namely, that the company that supplied the hospital’s uniforms couldn’t make one in Ms Tian’s size. The manager also claimed they had tried to source a plus-sized uniform from another supplier, but to no avail.

‘Doesn’t sound convincing’: Public didn’t believe employer’s reason

Ms Tian claimed that her employer had discriminated against her due to her size, noting that a plus-sized male colleague was allowed to keep his job. There were conditions though – the man had to lose 90 kilograms by the end of his probation period, according to Ms Tian.

“When I joined the hospital in November last year, I wasn’t informed of any rules about uniforms and body shape,” Ms Tian said in the video.

Reactions on social media were skeptical of the hospital’s reason for firing her. One commenter asked: “Why didn’t the hospital dismiss her one or two months ago?”

Another stated: “Work uniform is ‘one of the reasons,’ but it doesn’t sound convincing.”

5. Cop Dismissed on Probation for Writing Lawyer a Traffic Ticket

This story, which garnered attention in March 2024, comes to us from the United States. Twenty-nine-year-old Joseph Saetta was working as a police officer for the Westchester County Police Department in New York. Two months into his probation period, he pulled over a car for having expired license plates.

The driver of the car happened to be a lawyer, Corrine Pascariu-Costa. During the pullover, she flashed a card at Mr Saetta, and said that she was “a family member.” This was a “courtesy card” that showed that Ms Pascariu-Costa was a member of New York’s Police Benevolent Association (PBA) – the largest union that represents the state’s police officers.

Officer ignored ‘get out of jail free’ card

In New York state, there is an unwritten rule that if someone flashes a PBA courtesy card, they should be overlooked for minor infractions. These cards are not officially recognised by the New York Police Department. Typically, they are created and laminated by police officers and given to friends or family as a “get out of jail free card.”

However, Mr Saetta ignored this rule, writing Ms Pascariu-Costa a ticket instead. She subsequently notified the Westchester County Police Department about her ticket. When questioned about the pullover by his superiors, Mr Saetta said that the lawyer had flashed a card for an “unfamiliar organisation.” He said that he used his discretion and decided to write her a ticket.

Mr Saetta, however, faced the consequences for violating this unwritten rule of law enforcement – being dismissed on probation shortly thereafter.

Lawyer claimed officer was ‘rude’ to her because she was a woman

In a statement to media, Ms Pascariu-Costa said that her call to the department was not made “with the intention of getting the officer fired or the ticket dismissed.” Rather, she felt that Mr Saetta had been “rude” and “offensive” to her.

“I don’t think that he would have treated a man in the same way,” Ms Pascariu-Costa said.

In January 2024, Mr Saetta filed two lawsuits against the Westchester County Police Department. One was a wrongful termination lawsuit, while the other was a federal lawsuit. In the latter, he argued that his dismissal violated his civil rights. He sought back pay, damages and reinstatement to his job.

His lawyer told media that individuals “can get these [courtesy cards] cards anywhere,” and that they are “not some automatic ‘get out of jail free’” card.

“If you’re driving on two-month-old expired plates and you’re rude, why does that get you out of a ticket?” said Mr Saetta’s lawyer.

The outcome of Mr Saetta’s lawsuits have not been made public.

Read More: Unlawful Termination and Unfair Dismissal: Key Differences

Have you been Unfairly Dismissed?

If so, give us a call today. Our team at A Whole New Approach are highly experienced workplace mediators who can help you make an unfair dismissal claim with the Fair Work Commission. We have assisted over 16,000 workers take action, so we understand what it takes to make a successful claim.

Call us for a free and confidential initial discussion on 1300 766 700or contact us here for more information.