Employee's Rights: Probation during employment extended twice

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asked on Mar 14, 2019 at 15:50
edited on May 25, 2019 at 21:59
My Letter of Offer from the company states that my probation period is 6 months, and subject to my performance during probation, the company has the right to extend my probation for a maximum of another 3 months.

When my 6 months was up, there was no news from the company but 2 months after my probation was due, I received a letter from the company extending my probation for another 3 months. Reason given was so that I can take the time to improve myself.  Note that there was no performance review, no counselling, no warning letter/verbal warning, no expression of any unsatisfactory performance from the company, no details of what are the areas that I need to improve on. 

My extension of probation was up last month.  The company decided to further extend my probation again which makes this a 2nd extension.  Can they do that considering that my employment letter states that it can only be extended only once, for a maximum of 3 months?

What are my rights as as employee who's still under probation?  Can I sue for wrongful termination if they decide to terminate my employment when I'm still under probation?  I've been working with the company for about 10 months.
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2 Answers

answered on May 13, 2019 at 15:56
edited May 25, 2019 at 21:59
An employee under probation is protected against dismissal without just cause and excuse. So yes, you may file a claim if the termination was without just case. 

Premature termination before expiry of the probation probation period, extended or not, by the Company is possible in the instance of misconduct on part of the employee. 
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answered on Sep 4, 2019 at 09:04
Yes, the company still can't unfairly dismissed you even if you are under probation. They will need to show that they have given you notice and sufficient time to improve and you failed to do so before terminating you. 

A superbly long probationary period can amount to constructive dismissal. 
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