The probationary period is often perceived as a trial run for employees, where job performance is closely monitored. However, it’s vital for both employers and employees to understand that probation does not mean a free pass to dismiss staff without due process. A recent decision by the Workplace Relations Commission (WRC) has reaffirmed this, awarding €8,000 to a general operative who was unfairly dismissed during probation.

The Case: What Happened?

The worker, employed as a general operative, was dismissed during their probation period without being given a proper reason or an opportunity to defend themselves. The employer alleged performance-related issues but failed to provide substantive evidence or follow a fair procedure.

When the case was brought before the WRC, the employee argued that the dismissal violated their right to fair treatment. Specifically, they had not been informed of any specific issues, nor were they given a chance to address concerns raised by their employer.

The WRC Decision

The WRC upheld the employee’s claim, emphasizing that all employees—regardless of their probationary status—are entitled to fair procedures and natural justice. Employers cannot sidestep these obligations simply because an employee is in a trial period.

As part of the ruling, the WRC awarded the worker €8,000 in compensation for the unfair dismissal, noting the emotional and financial distress caused by the abrupt termination.

Key Takeaways for Employers and Employees

For Employers:

1. Follow Fair Procedures: Even during probation, employees must be made aware of any performance or conduct concerns. They should also be given an opportunity to address these issues before a decision is made.
2. Document Concerns: Keep clear records of all performance reviews and discussions with employees. This will help substantiate decisions if they are ever called into question.
3. Understand the Law: Probationary periods do not exempt employers from adhering to employment law, including natural justice and fair dismissal procedures.

For Employees:

1. Know Your Rights: Employees on probation still have the right to fair treatment. If you are dismissed without a clear reason or without an opportunity to respond, you may have grounds for a claim.
2. Seek Advice Early: If you believe you have been unfairly dismissed, act quickly. Time limits apply to bringing cases to the WRC.
3. Document Your Experience: Keep detailed notes of your employment, including any meetings or communications with your employer.

Why This Case Matters

This ruling sends a strong message: fairness must prevail, even during the probation period. Employers who fail to follow proper procedures risk financial penalties and reputational damage. For employees, the case serves as a reminder that your rights are protected, even at the early stages of employment.

Need Help with Workplace Issues?

At Employment Matters, we specialize in supporting employees through complex workplace disputes. If you’re facing unfair treatment, dismissal, or other challenges, we’re here to provide guidance and representation.

Contact us today to learn more about your rights and how we can help: employment-matters.ie.