Unfair Dismissal and Probationary Periods
1. Introduction Dismissal during a probationary period sits at the intersection of the Unfair Dismissals Acts 1977 to 2015 (which generally require one year’s service before protection applies) and the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (which transpose EU Directive 2019/1152 and impose new restrictions on probationary periods). This article sets out
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Minimum Notice and Probationary Periods
1. Introduction The interaction between probationary periods and the statutory notice framework has been clarified by recent WRC decisions. In Gourley v Mason Hayes & Curran LLP the WRC considered whether a probationary employee with thirteen weeks’ service was entitled to statutory notice. This article considers the threshold for statutory notice during probation, the interaction
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Payment in Lieu of Notice during Probation
Background The case of Eric Bentley v Carcharger EV Limited (ADJ00050468) examines the circumstances under which an employee will be entitled to a payment in lieu of notice if dismissed during their probationary period. This is a very interesting case, as it was brought under the payment of wages provisions, but decided upon under notice
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Discrimination and Dismissal during the Probationary Period
Introduction The case of Anuaj Patwardhan v Black Shamrock Ltd (ADJ-00039205) serves as a reminder of the importance of maintaining detailed records during a probationary period, of employees whose performance may not be to standard, especially when dismissal may be contemplated. In this case, Ms. Patwardhan (the Complainant) alleged that her employer, Black Shamrock Ltd
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Pregnancy, Probation and Dismissal
Can an employer terminate the employment of a pregnant employee during her probationary period? Yes, but an employer will need to prove that the dismissal was wholly unrelated to the pregnancy. Ordinarily, in order to bring a complaint seeking adjudication by the Workplace Relations Commission under the Unfair Dismissals Act, 1977, an employee will
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