My probation review never happened: am I confirmed, and do my entitlements change?

A missed review does not settle your employment status

Under Australia’s national workplace relations system, probation does not remove ordinary minimum entitlements. While you are on probation, the usual pay and leave rights still apply, and if employment ends, you must still check notice of termination and payment for unused annual leave. Whether a missed review changes your contractual status depends on the actual terms of your contract, not on the fact that the meeting did not happen. Unfair dismissal eligibility is a separate question with its own minimum service rules, which do not automatically match the employer’s probation period.

Read the review and extension wording in your contract

Start by gathering the original contract, your start date, the scheduled review date, and any message about an extension. Look for whether the contract says a review is required, how confirmation of ongoing employment is communicated, and who has the power to extend the probation period. Do not assume that continuing to work means every disputed term has been resolved. Write down what the employer actually said about your status, including any verbal statements and the date they were made.

Ask for a clear status update

Send a short factual request asking whether the review is still pending, whether any extension is proposed, and what objectives will be assessed. Keep this request separate from any complaint about missing pay or leave. If the employer says expectations have changed, ask for specific examples and the next review date. A clear, fact-based question is more useful than declaring yourself confirmed without reading the agreement.

If dismissal is mentioned, act promptly

If the employer mentions dismissal, preserve the notice and the effective date, and promptly check the relevant termination pathway under the Fair Work Act. Do not wait for a delayed appraisal if a filing deadline may be running. This guide does not interpret every probation clause or decide dismissal eligibility. It helps you separate contractual review status, ongoing minimum rights, and time-sensitive termination questions.

Hypothetical illustration: a cancelled probation review

Imagine you started work on 1 March under a contract that says a probation review will occur after three months. Your manager cancels the meeting and says nothing more. You continue working. Your contract does not say what happens if the review is missed. You ask in writing whether your probation is extended and what objectives will be assessed. The employer replies that your probation is extended by one month. You then check whether the contract allows that extension. If it does not, you may need to raise a dispute. Would your continued work after the original review date, without any written confirmation, be enough to show you were confirmed?

Next steps if the issue remains unresolved

If the employer does not answer or the contract is silent, you can seek advice from the Fair Work Ombudsman or a workplace relations specialist. Bring your contract, the scheduled review date, any extension messages, and a written record of what the employer said. Ask specifically whether the missed review affects your contractual status and whether any minimum rights are affected. If you believe you have been dismissed unfairly, check the time limits for lodging a claim as soon as possible.

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