Background:

The Worker commenced employment with the Employer on 3 October 2022. On 30 November 2022, the Worker went on sick leave until 12 December 2022, providing medical certificates during this time. The Worker was hospitalised for alcohol-related reasons on 3 January 2023, the day which the Worker was expected to return from work from the Christmas break. On 5 January 2023 the worker emailed the Employer, advising them of the reason for his absence and the his prior challenges with addiction. The Employer’s HR department was initially sympathetic and advised the Worker to take time off if required. However, later that day, the Employer advised the Worker that he was terminated with immediate effect due to excessive absence and improper conduct while absent.

In response to the allegation of unfairness, the Employer said that the Worker was absent for over a quarter of all days which he was employed, and in such circumstances it was entirely appropriate for it to dismiss the Worker’s employment in the course of his probationary period.

Outcome:

The Adjudication Officer found that the Employer’s dismissal of the Worker was procedurally unfair, as it failed to provide the Worker an opportunity to contest his dismissal, without any meeting or warning from the Employer. This failure was absolutely and fundamentally unfair to the Worker and in circumstances where no employment relationship exists the Adjudication Officer recommended a payment of €8,000 compensation from the Employer to the Worker as settlement of the dispute.

Practical Guidance for Employers:

Probationary dismissals, even those for good reasons, must be made with fair procedures.

The full case is here:
https://www.workplacerelations.ie/en/cases/2024/january/adj-00043986.html