Terminating during probation – Significant Judgement from Court of Appeal Restores Balance
Posted in : How Do I Handle It ROI on 24 February 2021
The Employment Team at RDJ
RDJ LLP
Last year we updated employers on the risks associated with terminating employment during probation. The High Court issued an unusual decision in the case of Donal O’Donovan –v- Over-C Technology Limited and Over-C Limited placing employers on high alert about probationary dismissals. A copy of the earlier article is available here.
This week, the Court of Appeal overturned the High Court’s decision, restoring certainty to the limited circumstances in which the Court will interfere with a dismissal and grant an employment injunction.
Background
By way of brief background, Mr O’Donovan (“the employee”) commenced a role as CFO of Over-C Technology (“the employer”) in July 2019. His
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More on Probation
- A Hotel Worker v A Hotel [2024]
- An Assistant Lecturer v An Institute of Technology [2024]
- Successful Claim for Termination during Probation under Industrial Relations Act 1969
- Emma Doyle v Annie’s Corner Ltd. [2024]
- Promoting Equality and Inclusivity: Navigating Family Status Discrimination and Flexible Working Practices in the Workplace
Disclaimer:
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
The Employment Team at RDJ
RDJ LLP
The main content of this article was provided by The Employment Team at RDJ. Contact telephone number is + 353 21 480 2700 or email jennifer.cashman@rdj.ie
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