This case concerns a dismissal. The Complainant was headhunted by C&W O’Brien Architects Limited to accept a role as the Financial Controller at the Company. He commenced employment with the Company on the 6th of January 2020. His contract of employment provided for a probationary period of six months. Notice from the Company during the probationary period was one week. Although the Complainant’s contract of employment referred to the Company’s disciplinary policy, he was never actually provided with a copy of that policy.

The Complainant was summarily dismissed by the Company’s CEO in February 2020 without any prior warning or indication that his conduct or his performance was unsatisfactory. The Director of the Company who had headhunted the Complainant gave him an undertaking that he would receive pay-in-lieu of one month’s notice. The Complainant submitted that he did not receive the full amount due to him on foot of that undertaking. The Complainant informed the Court that he has been unable to obtain alternative employment since his summary dismissal from the Company. The Respondent declined to attend the hearing.

The Labour Court highlighted that an employer is not relieved of the obligation to act fairly during a probationary period. The requirements of the Code of Practice on Grievance and Disciplinary Procedures made under Section 42 of the Industrial Relations Act must be complied with before any decision is taken by an employer to dismiss the Complainant during his or her probationary period. It is clear to the Court from the Complainant’s submission in this case that the Company failed to have regard to the Code of Practice when it dismissed the Complainant summarily without having followed any process whatsoever.

The Labour Court determined that the Respondent should pay compensation in the sum of €60,000.00 to the Complainant together with the monetary value of his accrued annual leave of €754.31. The Court made the Recommendation having regard to the Complainant’s agreed salary and the losses that he has accrued to date arising from his summary dismissal.  
https://www.workplacerelations.ie/en/cases/2020/november/lcr22301.html