We have an employee who started as a trainee on 28th September 2010. I put him on a short term contract of six weeks to six months duration. He signed it on 23.09.10 He was on six months probation. On 14.04.11 he signed another temporary contract with a 12 month probation but I did not have any finishing date on it. We have an employee who started as a trainee on 28th September 2010. I put him on a short term contract of six weeks to six months duration. He signed it on 23.09.10 He was on six months probation. On 14.04.11 he signed another temporary contract with a 12 month probation but I did not have any finishing date on it. On 16.01.12 he got a verbal warning On 16.02.12 he got a first written warning On 17.04.12 he got a second written warning Where do I go from here to rectify this situation? I realise that all temporary contracts should have end dates on them but am I now stuck with this under-performing employee?Posted in : First Tuesday Q&A ROI on 6 June 2012
A number of opportunities to dismiss arise in this situation. First, the probation period could have been extended to allow continued close monitoring of performance with the employee's knowledge that failure to improve would result in the employer's failure to confirm the employment. (See response to question 3 below).
However, a 12 month probation period is not advisable as it allows the employee the requisite service to being an unfair dismissal claim. It's not clear whether the first and second fixed term contracts were successive. However, the employee would in any event ahve had one year's service by 14 April 2012, 3 days before he received his second (also known as final) written
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 02/09/2015
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.