I thought that if you wanted to dismiss a worker on probation, you still had to follow your disciplinary process. Is this not the case?

Posted in : First Tuesday Q&A ROI on 29 February 2016
Zelda Cunningham
Arthur Cox
Issues covered:

Employees who have less than 12 months continuous service with the employer, including employees on probation, are not entitled to bring claims under Unfair Dismissals Acts 1977 to 2015. Therefore, the process for dismissal, including the disciplinary process, is generally subject to less scrutiny than in respect of employees who may be in a position to challenge the fairness of the dismissal under the legislation. However, there may be a contractual obligation to follow the disciplinary process in respect of employees on probation and furthermore, there is a general entitlement to fair procedures and natural justice for all employees - regardless of service.

The requirements regarding the

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Back to Q&A's This article is correct at 29/02/2016

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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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