If you feel that someone on probation has not performed well enough. What onus is on the employer to engage in performance improvement before deciding not to keep the employee?Posted in : First Tuesday Q&A ROI on 3 December 2013
The conditions surrounding probation depend on the wording of the employee’s contract of employment.
If the wording of the contract states that employees shall be entitled to avail of performance improvement plans, then the employee is entitled to rely on this and the employer must provide such performance improvement.
However, generally, the wording of probationary clauses provide that employers may terminate the employee’s employment if performance is not satisfactory or for any reason during probation.
In such circumstances, an employee may be dismissed at any time during the probationary period, subject to the notice provisions therein.
The employer should also review the employee’s
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.