Your Probation Questions Answered

Posted in : First Tuesday Q&A ROI on 2 March 2021
Aoife Clarke
A&L Goodbody
Issues covered: Probation; Contracts of Employment

Following the recent Court of Appeal decision in the case of Donal O’Donovan –v- Over-C Technology Limited and Over-C Limited, probation is firmly back in the spotlight. This month we address a number of complex probationary scenarios:

1. What should be contained within a probationary clause in a contract of employment?

1.1 Employers should ensure that the probationary clause in their employment contracts provide for the following:

(a) Purpose: to monitor and assess the employee's suitability for the role;

(b) Duration: generally three to six months, depending on the role

(c) Extension: the possibility, at the employer's discretion, to extend the duration of the probationary

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register 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.

Already a subscriber, now or Register

Back to Q&A's This article is correct at 12/04/2021

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.

Aoife Clarke
A&L Goodbody

The main content of this article was provided by Aoife Clarke. Contact telephone number is +35316492065 or email

View all articles by Aoife Clarke