Fairness in Probationary Dismissals: A Lesson for Employers
Trust is the foundation of every successful workplace. When employees join an organisation, they bring their skills, ambition, and dedication,but they also bring expectations. They expect fair treatment, clear communication, and the opportunity to prove themselves. Thankfully, in the majority of cases, this proves to be a good and positive relationship for both parties. However, a recent Workplace Relations Commission (WRC) ruling serves as a stark reminder to employers that probationary dismissals must always be handled with integrity, transparency, and fairness.
In making this determination, the adjudicator referenced a previous decision in the Labour Court Recommendation LCR22710, where the Court stated that: “It is the view of the Court that whenever a worker, including a worker who is on probation, is at risk of the loss of his or her job, it is incumbent on the employer to make the worker aware of the situation and of the reasons.”
When a Probation Extension Isn’t Really an Extension
In this particular case, a recruitment consultant was dismissed during her probation period. Whilst initially receiving positive feedback on her performance, she was informed at a meeting on 22nd July 2024 that she hadn’t passed her three-month probationary assessment. She was given a 3 month probation extension to give her the opportunity to improve. However, the following week, at a meeting on 2nd August 2024, her employment was terminated.
The WRC ruled that while employers have discretion in probationary periods, they must still adhere to fair procedures. When an employee is unaware their job is at risk, they are not properly afforded the opportunity to correct performance concerns.
This ruling emphasised that extending probation should be a genuine chance for improvement, not a predetermined path to dismissal.
Why Employers Must Get Probation Right
This determination isn’t just relevant to one employee case, it applies to every workplace where probationary employees can often receive vague, unclear or delayed feedback. Employers mistakenly believe that a claim of unfair dismissal cannot succeed if an employee has less than 12 months service. As can be seen from this particular determination, this is not always the case.
The probation period should ensure the following aspects are followed:
Clear expectations: Employees deserve to understand where they stand. If there is a need for them to change or improve their performance, it is essential that the employer communicates regularly and consistently with the employee about the performance gaps. Do you have a clearly stated probation policy and procedure? Are your managers properly trained to conduct the probation process? Are they having regular performance meetings with their employees during probation?
Fair opportunities for improvement: If an employee is struggling, structured support should be provided. The employer should make every effort to understand and attempt to resolve the issues where they relate to the employee’s work environment, role demands etc. It is important that employers are able to evidence this if called into question.
Integrity in decision-making: Transparency is key in ensuring probation decisions align with best practice. Many organisations have stated key values that guide their mission and vision. Make sure that the decisions made are in line with your espoused values.
Sometimes unfortunately, an employee may just not be the right fit for your organisation, but following the above key principles will help you to minimise any risk of potential claims. Not only that, the cost of getting this wrong can also lead to loss of trust amongst other employees, potential damage to reputation and an overall general loss of time and focus which could be better served focusing on your key organisational objectives.
Remember, effective probation and performance management processes aren’t just about compliance - they are about building a workplace culture that retains good employees, fosters engagement, and mirrors the organisational values.
If your organisation wants support to develop clear, effective probation policies that ensure fairness while maintaining performance standards, do get in touch with us. If you already have policies in place, also feel free to reach out if you need support with implementation or tailored training for your managers.
