This case involved a claim of unfair dismissal by the complainant following his dismissal during his probationary period. The complainant alleged that he had been headhunted by the respondent to accept a role as General Manager with them and that he was dismissed without warning less than three months later. He maintained that he was dismissed after the Managing Director called him to a meeting and informed him that "this was not working out" and asked him to leave with immediate effect.
The respondent disputed the fact the complainant had been headhunted and submitted that they were entitled to dismiss the complainant as the contract of employment unequivocally provided that either party could terminate the contract by giving notice during the probationary period.
The Court considered the submissions of both parties and noted that the complainant was furnished with a 36 month fixed term contract which provided that "all dismissal will be carried out in accordance with the Provisions of Part Two of this Contract". Part Two of the contract outlined the disciplinary procedures associated with the contract and the complainant relied on the fact these were not followed.
The Court acknowledged that if an employee is considered unsuitable for permanent employment then the employer has a right during the probationary period to decide to not retain them, but stated that this can only be carried out where the employer adheres to fair procedures. The Court pointed out that there was no reason to doubt that the complainant's reputation was seriously damaged by the respondent's actions and that the complainant had not been provided with details of any performance issue or been afforded an opportunity to reply.
The Court found that the complainant had been denied natural justice as there was no proof of substantial grounds for dismissal and there was a lack of fair and proper procedures. Accordingly, the Court awarded the complainant compensation of €90,000.
https://www.workplacerelations.ie/en/Cases/2018/October/LCR21798.htmlÂ
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