A recent High Court decision in an employment case involving an employee who was dismissed on probation appeared to be a ‘game changer’. It seemed to be a decision of profound, and alarming, significance. In a case-O’Donovan v Over-C Technology-the CFO (chief financial officer) was successful in his application to the High Court for an … Read more
The High Court has issued a decision in a case involving a dismissal from the employment during probation that should be a warning for employers. Background Donal O’Donovan, the chief financial officer (CFO), was dismissed in January 2020 by Over-C Technology, his employer, and confirmed this decision 10 days later. Mr O’Donovan issued High Court … Read more
Most employees are put ‘on probation’ in a new employment before their position is confirmed. Most employment contracts will state that the position will only be confirmed on satisfactory completion of the probationary period. A typical clause in an employment contract will read ‘Subject to satisfactory completion of the probationary period specified below, you will … Read more
The first time I met Séamus he was a worried man. Séamus is a small employer, with just a handful of employees. But he had to let one of them go recently because he just wasn’t working out. His attitude was disastrous and Séamus could not see how their relationship could be a happy one. … Read more
She was dismissed while on probation. She’s contacted me, and she’s not taking it lying down. She wants to take legal action. I come across these cases very regularly. It happens all the time. And in the vast majority of cases it is almost certain that there is little or nothing that can be done. … Read more