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Probationary Period?

  • 13-10-2015 11:14am
    #1
    Nnr15
    Registered Users, Registered Users 2 Posts: 2 ✭


    Hi. I have a staff member who I really need to get rid of/leave ASAP. The staff member is most definitely a bully. They have fallen out with myself, other staff members and customers. Disagreements with this staff member are now becoming much more frequent. I need this staff member to be replaced in the next month as it is coming up to a very busy period and they are incapable of doing their job. It is very obvious that this member of staff will never change. The staff member has worked for me more than six months, but less than one year.


Comments

  • #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Nnr15 wrote: »
    Hi. I have a staff member who I really need to get rid of/leave ASAP. The staff member is most definitely a bully. They have fallen out with myself, other staff members and customers. Disagreements with this staff member are now becoming much more frequent. I need this staff member to be replaced in the next month as it is coming up to a very busy period and they are incapable of doing their job. It is very obvious that this member of staff will never change. The staff member has worked for me more than six months, but less than one year.

    You can dismiss an employee relatively easily if they have been employed for less than one year, he/she does not have the protection of the Unfair Dismissals Act and cannot access the employment tribunal. I think you will need to realise that by keeping this person on, you may expose yourself to problems with other employees due to work place bullying. Time to show him/her the door.


  • #3
    Nnr15
    Registered Users, Registered Users 2 Posts: 2 ✭Nnr15


    davo10 wrote: »
    You can dismiss an employee relatively easily if they have been employed for less than one year, he/she does not have the protection of the Unfair Dismissals Act and cannot access the employment tribunal. I think you will need to realise that by keeping this person on, you may expose yourself to problems with other employees due to work place bullying. Time to show him/her the door.

    I spoke to the staff member about their attitude two months ago and told them it was a verbal warning. BUT I also said if their attitude didn't change they would be dismissed. So I have threatened they staff member with loosing their job??


  • #4
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Nnr15 wrote: »
    I spoke to the staff member about their attitude two months ago and told them it was a verbal warning. BUT I also said if their attitude didn't change they would be dismissed. So I have threatened they staff member with loosing their job??

    Where an employee is a bully and disruptive, most employers wouldn't even bother giving a warning if the employee has been there less than a year. He/she has had the opportunity to improve, time to kick him/her to the curb.


  • #5
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    In effect you can ask him to leave today, but you do need to be aware of any contractual obligation on your behalf.

    He is entitled to one week's notice minimum - more if he has a contract that gives him more. This doesn't mean you have to hold onto him for that week, you are entitled to dismiss him and tell him not to come back, but you will have to pay him in lieu of his notice period, as well as any outstanding wages owed.

    If his contract has any provisions in relation to a disciplinary process, then you need to ensure you've stuck to it, though any process I've seen includes a method for fast-tracking someone out the door without needing to go through loads of hoops.


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