There are some important legal changes in place since the end of 2022, which employers need to be aware of when drafting and managing probationary period clauses or risk the WRC award 4 weeks pay if a successful complaint is brought, as well as the correction of any misapplied terms of employment in this regard....
Employers should take note of the new requirements that came into effect on December 2022 in resepct of how and when terms and conditions need to be communicated to new employees, and ensure that their contracts of employment are updated accordingly....
The recent High Court case of Donal O'Donovan v Over-C Technology [2020] IEHC 291 was a stark reminder about the potential problems of not using contractual probatioanry period provisions correctly, when dismissing employees during their probatioanry period....
This recommendation by the Labour Court (LCR21798) is a very useful reminder about the significant potential cost of not adhering to fair procedures when terminating employment during the probationary period....
A newly recruited golf ranger was dismissed on his second weekend of work without any notice after commencing a six month fixed term contract on 18th April 2015. As he did not have the required 12 months service to take a claim under the Unfair Dismissal legislation the complaint was brought under the Industrial Relations Act 1969 (Ref ADJ - 0000066)....
In case (DEC - E2016 - 058) a fast food worker who was dismissed after completing two months of her probationary period was found to have been discriminated against on grounds of gender due to being dismissed after informing her employer she was pregnant. Claims of harassment and sexual harassment were not upheld....
The barman who was working to fund his college studies was dismissed after two weeks service during which he was unaware that there were any problems with his work and concluded that everything had changed very quickly after he told the bar manager that he was gay. (Ref Dec- E2015-141)...
In a recent case taken under Section 20(1) of the Industrial Relations Act 1969 an employee who was dismissed during his probationary period was recommended compensation in the amount of €6,500. (Ref LCR21028)...
Probationary periods are a very useful tool and an important part of the selection process, provided used properly. However, their mis-use can be costly. Learn some useful tips to avoid problems in this area....
| Cookie | Duration | Description |
|---|---|---|
| cookielawinfo-checkbox-analytics | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics". |
| cookielawinfo-checkbox-functional | 11 months | The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". |
| cookielawinfo-checkbox-necessary | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary". |
| cookielawinfo-checkbox-others | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other. |
| cookielawinfo-checkbox-performance | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance". |
| viewed_cookie_policy | 11 months | The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data. |
