Why letting probation quietly expire could still cost employers a month's pay
Justice Sushil Nair ruled on 24 August 2026 that a law firm owed an employee a month's notice despite his probation period lapsing.
The Singapore High Court's General Division dismissed an appeal by the firm, by upholding an Employment Claims Tribunal order that it pay its former supporting officer $2,857.14 in salary in lieu of notice, plus $30 in disbursements.
The employee was engaged under a letter of appointment dated 30 March 2023 and began work on 10 April 2023, subject to a three-month probation period due to run until 9 July 2023. The firm's Terms of Employment allowed either party to end the contract during probation by giving one month's prior written notice, a mechanism the clause labelled "Short Notice."
On 7 July 2023 the firm told the employee it had decided not to continue his service beyond probation, ending his employment on 9 July 2023 and offering a goodwill payment covering a further seven days' salary. The same clause had stated that "the staff shall not be entitled to any benefit or leave" during the probation period. The employee wrote back arguing he was owed a full month's notice regardless of his probation status; the firm replied that an expiry of probation was not a termination and required no notice.
The employee filed a claim with the tribunal on 27 September 2023 for a full month's salary of $3,000. A tribunal magistrate allowed the claim only in part in January...
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