FWC case shows widespread confusion over probation and general protections
Multiple lawyers told a dismissed worker she had no case during probation. A Fair Work Commission ruling shows they got it dangerously wrong.
When Lorraine Kimberley was dismissed from Secure Journeys Pty Ltd on July 10, 2025, she did what many shocked employees do: she called lawyers. Not just one, but several. The advice came back unanimous. Being on probation meant she had nowhere to go, nothing to fight.
Except that wasn't quite right.
Months later, after the deadline had passed and she had moved on to new work, another lawyer gave different advice. There might have been grounds for a general protections claim after all. By then it was November 7, 2025, and Kimberley was 99 days past the 21-day filing deadline.
The Fair Work Commission faced a question on February 6, 2026: should she get more time? Deputy President Beaumont said no, but the case itself exposes a troubling gap in understanding about probationary rights.
General protections apply to everyone on the payroll, probation or not. Employers can still dismiss probationary workers for genuine performance or cultural fit reasons, but they cannot terminate someone for exercising workplace rights. That distinction matters, and apparently even legal professionals sometimes miss it.
Kimberley argued she deserved an extension because of what she had been through. The shock of sudden dismissal. Mental and emotional strain from losing her income....
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