Late last year, the Labour Court made a non-binding
recommendation under the Industrial Relations Acts that a hotel
manager be awarded €90,000 in compensation following his
dismissal during his probationary period. This recommendation,
though non-binding, serves as a timely reminder to employers that
dismissing an employee during a probationary period is not
risk-free.
In Beechside Company Limited t/a Park Hotel Kenmare v A
Worker, the claimant alleged that he was dismissed
"without warning" after just three months in the role,
when the managing director of the hotel called him to a meeting,
informed him that "this was not working out" and asked
him to leave immediately. The hotel argued that the contract of
employment unequivocally provided that either party could terminate
the contract by giving written notice during the probationary
period.
