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Ireland
Absence during Probation: How Do I Handle It?
Published on: 15/01/2019
Issues Covered:
Dismissal Absence & Sickness Discrimination
Article Authors The main content of this article was provided by the following authors.
Antoinette Vahey Partner, RDJ LLP Ireland
Antoinette Vahey Partner, RDJ LLP Ireland
Antoinette vahey 2022

Antoinette is a Partner, practicing as part of the Employment law team. She brings practical and strategic legal advice to clients in a range of areas such as wrongful and unfair dismissal; discrimination; absenteeism and work related stress; performance management; temporary and contingent workers; collective redundancies; restrictive covenants and severance agreements.

Antoinette represents clients on employment claims in the Workplace Relations Commission, Labour Court and High Court together with gender discrimination claims in the Circuit Court.

Having qualified as a mediator with the Centre for Effective Dispute Resolution in 2013 (specialising in employment and workplace disputes), Antoinette is focused on expanding RDJ’s independent mediation offering to provide the best solution to our clients.

Antoinette is particularly interested in the areas of transfer of undertakings (TUPE ), Vetting and social media in the workplace and has spoken extensively at various events on legislative and other changes in those areas.

She also devises in-house training sessions and policies for clients in respect of grievance and disciplinary matters, dignity at work and social media.

 Today Antoinette Vahey, Partner with Ronan Daly Jermyn considers this question:

“We hired a new employee in a permanent full-time role October 2018, with a six month probation period. Since commencement, the employee has been absent for a combined total of six weeks due to an eye infection for which he is medically certified and receiving treatment. We expect the employee to return to work next week. Given that he is still within his probationary period, can we terminate and hire someone else as we urgently need an employee in this role? His contract provides “either party can terminate the employment during the probationary period upon giving one week’s notice in writing”. How do I handle it?”  

Many employers hold

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Disclaimer 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. This article is correct at 15/01/2019
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