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
Issues covered: Probation; Wrongful Dismissal; Fair Procedures

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.


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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This article is correct at 24/02/2021

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

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

View all articles by The Employment Team at RDJ