Proceed with caution! Terminating during probation was always
one of the more straightforward ways in which to terminate an
employment relationship, given that employees did not have the
requisite 12 months' service to bring an unfair dismissal
claim. Two years ago, employers were given a wake-up call when the
"At Your Service" Brennan brothers of the Park Hotel,
received a Labour Court recommendation that they pay their general
manager €90,000, following his unfair dismissal during
probation. Employers carried on, confident in the knowledge that it
was recommendation (not binding decision) from the Labour Court
under the Industrial Relations Act, and not an enforceable unfair
dismissal decision.
