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
Zelda Cunningham
Arthur Cox
Issues covered:

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

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Back to Q&A's This article is correct at 02/09/2015

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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