Brophy's Law Blog
Employees on probation and training have the same right to natural justice and to fair procedures as their full time work colleagues.
The difficulty employees on probation encounter is insufficient service. Employees with less than 12 months continuous service are not protected by the Unfair Dismissals Acts 1977-2007. However, many employees are not aware that they can bring a claim under the Industrial Relations Act, 1969 (as amended) for unfair dismissal. There is no service qualification under this Act.
In a recent Labour Court decision IRISH POSTMASTERS UNION- AND -A WORKER (CD/10/839) the Appellant was awarded €30,000 for unfair dismissal during his six months probationary period.
The employee in this case commenced employment in August 2009, had his first performance review in October 2009 and a second performance review in January 2010. He was informed towards the end of January 2010 that the company had reservations about his performance and his probationary period was to be extended by a further three months. When the employee queried the extension of his probationary period, his contract was terminated and he was paid three month’s salary in lieu of notice.
The Court found that the employer’s failure to “adhere to either its own disciplinary procedures or be bound by the provisions of the Code of Practice on Grievance and Disciplinary Procedures S.I. No 146 0f 2000 because he was on probation, was misconceived”.
Therefore, this recent case clearly illustrates the need for employers to adhere to their own disciplinary and grievance procedures when dealing with employees on probationary assessment or in training or they may find themselves having to show that substantial grounds existed to justify the termination.
If you would like further information or advice on this topic please contact Catriona Sharkey at catriona@brophysolicitors.ie
Employees on probation and training have the same right to natural justice and to fair procedures as their full time work colleagues.
The difficulty employees on probation encounter is insufficient service. Employees with less than 12 months continuous service are not protected by the Unfair Dismissals Acts 1977-2007. However, many employees are not aware that they can bring a claim under the Industrial Relations Act, 1969 (as amended) for unfair dismissal. There is no service qualification under this Act.
In a recent Labour Court decision IRISH POSTMASTERS UNION- AND -A WORKER (CD/10/839) the Appellant was awarded €30,000 for unfair dismissal during his six months probationary period.
The employee in this case commenced employment in August 2009, had his first performance review in October 2009 and a second performance review in January 2010. He was informed towards the end of January 2010 that the company had reservations about his performance and his probationary period was to be extended by a further three months. When the employee queried the extension of his probationary period, his contract was terminated and he was paid three month’s salary in lieu of notice.
The Court found that the employer’s failure to “adhere to either its own disciplinary procedures or be bound by the provisions of the Code of Practice on Grievance and Disciplinary Procedures S.I. No 146 0f 2000 because he was on probation, was misconceived”.
Therefore, this recent case clearly illustrates the need for employers to adhere to their own disciplinary and grievance procedures when dealing with employees on probationary assessment or in training or they may find themselves having to show that substantial grounds existed to justify the termination.
If you would like further information or advice on this topic please contact Catriona Sharkey at catriona@brophysolicitors.ie
Catriona Sharkey
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