Unfair probation dismissal due to absence of fair procedures.

The Complainant stated that he commenced employment on 11 July 2024 and his employment was terminated on 13 August 2024 during his probationary period. He earned €57,500 per annum and was informed that his employment was being terminated without any substantive reason, save for a vague assertion that the employer wanted a “more vocal manager”. He outlined that he was a highly qualified professional and had never previously experienced such treatment. He described the manner of dismissal as abrupt and humiliating, having been instructed to leave the workplace immediately. Following the termination, he experienced significant financial hardship, taking minimum wage employment to support his family. He further described serious personal consequences, including loss of accommodation, disruption to his children’s schooling, and a period where his children were unable to attend school, which caused considerable distress.

The Respondent did not attend the hearing and declined to participate in the adjudication process. In advance of the hearing, the Respondent’s representative confirmed that their client would not engage with the proceedings or attend the scheduled hearing. As a result, no oral evidence or submissions were advanced on behalf of the Respondent at the hearing. The only position available to the Adjudicator was that the Respondent had exercised its contractual entitlement to terminate the Complainant’s employment during the probationary period. However, no justification, documentation, or explanation was provided to support the decision to terminate. The Respondent did not address whether fair procedures were followed, nor did it offer any evidence of performance concerns, disciplinary issues, or compliance with applicable codes of practice. Consequently, the Respondent’s position remained entirely unsubstantiated.

The Adjudicating found that, while the employer was contractually entitled to terminate employment during probation, such termination must still comply with principles of fair procedures and natural justice, including those set out in S.I. No. 146/2000. The complete absence of any explanation or engagement by the Respondent weighed heavily against it. The Adjudicator accepted the Complainant’s uncontested evidence regarding the abrupt and unexplained nature of the dismissal and the significant personal and financial consequences that followed. It was found that the Respondent failed to provide any reason for the termination or demonstrate that fair procedures had been followed. The Adjudicator concluded that the employer had not acted reasonably in the circumstances and had failed to consider the impact of its decision on the Complainant. Accordingly, the complaint was upheld, and compensation of €4,500 was awarded.

Employers should:

• Ensure that even during probationary periods, termination decisions are grounded in clear, documented reasons and communicated transparently. While contracts may permit termination during probation, this does not displace the requirement to act fairly. Employers should provide feedback, identify concerns in advance, and allow the employee an opportunity to respond or improve.
  
  
• Comply with the Code of Practice on Grievance and Disciplinary Procedures. This includes maintaining fair procedures, documenting performance concerns, and ensuring that employees are treated with dignity and respect.  
  
  
• Engage fully with any dispute resolution process. Failure to attend hearings or provide evidence will significantly weaken the employer’s position and may result in adverse findings.     
  

The full case can be found here.