u/Sharp-Thing-Cat

Hi everyone,

I need advice about my employment situation in Sydney, NSW.

Background: I work as a senior specialist in a tech startup in Sydney. I worked at this company 3 years ago for one year. Everyone was happy with my work. I left because the company was small and unstable. The founder personally contacted me and invited me to come back. The company grew from ~20 to ~90 people. I accepted the offer. They knew my work and my level.

What happened:

• During my probation I had one formal verbal feedback session after 3 months. It was very positive. That manager later left the company.
• After that I worked independently for approx. 2 month and did required deliveries for the company.
• A new manager joined the company approximately 6 weeks ago. We had very limited interaction.
• Approximately 1.5 weeks before my probation end date she called a meeting and told me verbally that I do not meet her expectations of a senior, that I show no ownership, and that I am not passing probation (if I continue this pattern of work).
• No written feedback was provided before or after this meeting.
• No Performance Improvement Plan was given at any point.
• No specific project failures were mentioned. I did all deliveries I was asked in time previously.
• The feedback was completely verbal and very vague.

Additional facts:

• I spoke with HR, the founder, and the recruiter after this meeting. None of them showed any interest in investigating the situation or supporting me. HR rejected the comms due to her anniversary (as of now, she hasn't comeback to me on this matter. 5 days passed, no follow up).
• After the meeting I was visibly shaken. HR did not check on my wellbeing or mention any employee support programs available in the company.
• I sent a medical certificate from my doctor to HR and the founder confirming work-related stress. Neither of them responded.
• My fitness tracker recorded a heart rate spike to 141 bpm during the 1:1 meeting — significantly above my normal resting rate of 68 bpm.
• I had other job offers at the time I accepted this position.

Current situation:

• I have been on sick leave since last Wednesday with a medical certificate.
• My probation period ends this coming Friday.
• I am planning to return to the office on Tuesday.
• I am planning to request a meeting with HR, the founder, and the hiring manager (no current manager, I don't trust her honest and objective opinion as well as I am not physically comfortable talking to her) to understand my official employment status.

My questions:

1. What is my legal position given that no written feedback or PIP was provided?
2. Does the timing of this feedback — verbal only, 1.5 weeks before probation ends — have any legal significance?
3. What should I know before going into this meeting on Tuesday?
4. Is this situation worth pursuing through Fair Work or with an employment lawyer?

I already called Fair Work and they said they cannot help until there is a formal dismissal. I am looking for practical advice on what to do next. Any good contact details much appreciated.

Thank you.