If your claim on probation period dismissed is successful?

A broad definition of probation is a trial term for freshly hired employees. Typically, probation periods are three months, six months, or a yearlong. At the start of the work relationship, the new employee is typically excused from certain contractual obligations for a set amount of time.

The WRC (or the Labor Court) may grant you revocation, re-Essentially, or liability if your claim for wrongful probation dismissal is successful.

Revocation

Being reinstated entails being treated as if you had never been fired.

If you are reinstated, you are entitled to compensation for any wages you lost between the time of your dismissal and the hearing. Additionally, you are entitled to any favorable adjustments to your employment terms made during that time, such as a wage raise.

Re essentially

Re-engagement refers to getting your employment back as of a specific date, such as the WRC decision date. This implies that you are not entitled to financial compensation for any lost wages.

Even when the actual dismissal was unfair, re-engagement is used when the adjudicator believes the employee contributed to the dismissal.

Liability

When you receive compensation, your financial loss is made up (you do not get your job back). It is the most typical result in cases involving unfair dismissal.

The maximum payment is often equivalent to two years of wages. However, the maximum amount of pay is only five years if you were fired for making a protected disclosure. You are not entitled to compensation for emotional distress or stress brought on by the dismissal.

The following considerations are made by the WRC when granting compensation:

Your most recent income loss

This is the income you lost between the time of the probation dismissal and the claim hearing. The compensation sums and any payment you received in lieu of notice (instead of notice) when you were fired are both reduced by any money you make during this time.

You are required by law to make an effort to minimize your damages from the time of your dismissal until the hearing. Being accessible for work and looking for alternative employment are two ways to do this.

You have the right to get a nominal compensation of 4 weeks’ pay if you have no genuine loss, such as if you immediately started working at another job after being fired.

Your potential future income loss

On the basis of how long it's anticipated to take you to find a new work, your future loss of income is estimated.

Loss of your pension (if any)

This is an assessment of how your pension benefits have been impacted by the wrongful termination.

losing your statutory protection

This computation accounts for any protection you might have lost as a result of the minimum notice, redundancy, and unjust dismissals laws.

Any contributing behavior

Even though the dismissal was unfair, this calculation takes into consideration any conduct (behavior) on your part that contributed to it.

Your overall pay is decreased by the same percentage as the "degree of contribution" (the level at which you contributed to Probation dismissal).