Share on LinkedInShare on LinkedIn

ARTICLE · 31 MAY 2023

Market Intelligence Thought Leadership Award Winner

Termination Of Employment During Probation

Maples Group
Maples Group
Contributor
Maples Group

Maples Group

The Maples Group, through its leading international law firm, Maples and Calder, advises global...

View firm profile
Explore more from Maples Group

The Plaintiff started working for the Defendant at its retail premises on a probationary basis on 7 March 2022. Within a couple of weeks, another employee alleged that the Plaintiff had bullied them and others.

IrelandEmployment and HR
  • The recent Irish High Court ("the Court") decision in Anna Buttimer v Oak Fuel Supermarket Limited trading as Costcutter Rathcormac1 confirms that fair procedures must be applied where an employee is terminated for misconduct during their probationary period.
  • The entitlement to fair procedures arises during probation even where the contract of employment expressly excludes the application of company disciplinary procedures during the probationary period.
  • Termination for performance reasons during probation does not engage an implied right to fair procedures.
  • Employers must be able to evidence their decision to terminate by reason of performance during probation by reference to contemporaneous notes or records.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from