The dangers of dismissing an employee during probation
Recruitment is tricky, and with any new hire there is an element of risk involved; will they work out, is their experience what they say it is, will they fit-in with the team? In the unfortunate instances where things do not work out, it can be problematic for an employer, particularly a small employer.
A Common Misconception
A common misconception is that if an employee is on probation and things are not working out, that they can be dismissed without regard. This is not the case and can leave employers wide open to a claim against them. There are a number of employment cases that illustrate this and serve as good case studies for employers. In the case of Glenpatrick Water Coolers Limited v. a worker, the Labour Court recommended that the employer pay €6,500 to an employee who was unfairly dismissed whilst on probation. Whilst the Court recognised the inclusion in the contract that normal disciplinary procedures did not apply during the probationary period, the court insisted that fair procedures must still apply. More significantly, an engineer was awarded €33,400 having been dismissed 2 months into his probation period. In both of the above cases, the courts highlighted the employer's’ total failure to adhere to the Code of Practice on Grievance and Disciplinary procedures.
Be Aware
Whilst an employee is not protected by the Unfair Dismissals Act until they have accrued one year's’ service, claims for unfair dismissal can be brought under the Industrial Relations Act. Employers should be aware that although dismissal during probation is possible, it does not give employers a free-hand to act as they please. Fair procedures and natural justice should always be respected.
To view our full Essential Guide to Managing Probation click here
To view our Sample Probation Letters click here
To book a free online demo of Bright Contracts click here
To download your free Bright Contracts trial click here
