Probation Period/Termination.

plane2556

Where do I begin.. I was employed for two months in the hospitality industry and got pulled in to a meeting halfway through my shift to be informed that my probation period was being cut short there and then and that my contract of employment was going to be terminated effective immediately.

I was sent an email one day in advance of this meeting and was told it was in relation to my “performance” since joining the place I worked.

this is the part that I do not get, I was still let come in to work to do HALF of my shift and then pulled in to the meeting towards the end. I was given no notice nor was I given any impression that something was wrong or that my contract was going to be terminated there and then.

I had a performance review after my first month and it wasn’t the worst feedback that I received. My manager was happy with me overall (or so they said and wrote down)

I was told in this meeting that there was very little improvement in my performance since my last performance review and for that reason I was being terminated.

I was then told to hand back my uniform immediately (luckily I had a change of clothes with me) and that I would be sent a letter which I have now received.

Obviously I was very upset as this was completely unexpected and I then had to tell my fellow colleagues that I was basically fired on the spot.. it was embarrassing and upsetting.. I have worked in other jobs before this one and never ever got this treatment and never had any experience like this before.

Since I was on probation would I have the right to appeal this? I think it is very unfair.

thanks in advance for any advice given

road_high

Did you ask for specific feedback on where the performance was not up to their standards? It sounds like a lack of communication on both sides here really.

I think legally as I understand they can do this, not to diminish the obviously horrible experience for you. If you could still come away with some kind of respectable reference then that would be good

plane2556

https://www.boards.ie/discussion/comment/117885167#Comment_117885167

Yes I did , and it was incredibly and I mean incredibly minor stuff that could have been rectified going forward. But again, there was never any of this feedback given to me before this.

dennyk

Unfortunately unless the dismissal was actually for an automatically unfair reason, you can't claim unfair dismissal unless you've been employed for a year at that employer. Doesn't mean that the dismissal wasn't unfair ethically speaking, but it's unfortunately not legally actionable.

Xander10

no chance on appeal unfortunately. Basically they can do want they want on a probation period.

Put it down to experience, seems to be plenty of similar opportunities out there. Good luck.

Don't feel too bad OP, the hospitality industry is notoriously ****, and they were just looking for any old excuse to get rid of you. If you still want to work in the same industry. I've noticed that even recently, there are still plenty of job opportunities open, especially now, college students have returned to their campuses.

Sorry wish I had more constructive and positive things to add to this thread.

afatbollix

I'm sorry to say they are coming into winter and they want to get rid of the summer staff. It's shite.

Not sure where you are but loads of jobs in the industry, Westport is crying out for staff.

Mrs OBumble

What does

and it wasn’t the worst feedback that I received

mean?

https://www.boards.ie/discussion/comment/117897337#Comment_117897337

I think it is pretty evident what it means. It means perhaps the feedback could have been better but it was not the worst that they have had. We don't have any idea what their work situation was like for all we know their boss could have been the type of person that constantly nitpicks and finds fault with everything and expects first class service whilst paying third class rates.

floorpie

Guys, employers can't do what they please just because you're in a probation period. I don't know the circumstances here however.

I'm going to copy my comment from another thread (which might be interesting to OP: Dismissed for COVID mistake — boards.ie - Now Ye're Talkin'):

The unfair dismissals act doesn't apply during probation but in this case the relevant legislation is the industrial relations act which has no such limitation. Here's a similar example from WRC where a hotel worker was dismissed during probation. The worker won the case because the dismissal procedures were unfair: LCR21798 - Workplace Relations Commission:

"Where an employee is considered unsuitable for permanent employment, the Court accepts that an employer has the right, during a probationary period, to decide not to retain that employee in employment. However, the Court takes the view that this can only be carried out where the employer adheres strictly to fair procedures.

In the particular circumstances of this case, there is no reason to doubt the Claimant’s assertion that his reputation was seriously damaged by the actions of the Respondent. The Court has consistently held the view that it is imperative that an employer in a dismissal case must not only show that there were substantial grounds justifying the dismissal but also that fair and proper procedures were followed before the dismissal takes place. This requirement of procedural fairness is rooted in the common law concept of natural justice.

The Court is satisfied that the Claimant was not provided with details of any performance issues; no warning was given that his employment was in jeopardy; he was not afforded the right to representation; he was not provided with reasons for his dismissal and he was not afforded an opportunity to reply. Therefore, the Court is satisfied that he was denied natural justice.

In all the circumstances of this case and bearing in mind the level of remuneration the Claimant was earning, the Court recommends that the Respondent should compensate the Claimant by the payment of €90,000.00 to be accepted in full and final settlement of the claim."

dennyk

https://www.boards.ie/discussion/comment/117897594#Comment_117897594

The issue is that decisions under the Industrial Relations Act are not enforceable court judgements, they are merely unenforceable recommendations.

"Recommendations issued which relate to the Industrial Relations Act 1969 (Section 13) are not enforceable. The system of Industrial Relations in Ireland is essentially voluntary in nature and a recommendation made by an Adjudication Officer or the Labour Court is not legally binding."

Even in your example, you'll note the wording:

"...the Court recommends that the Respondent should compensate the Claimant..."

So if an employee is dismissed before their first full year of service and has to bring an action under the Industrial Relations Act instead of the Unfair Dismissals Act as a result, the Court can recommend that the employer compensate and/or reinstate the employee, but the employer is simply free to go "...no, I don't think we will..." and there's nothing more to be done.

floorpie

https://www.boards.ie/discussion/comment/117905033#Comment_117905033

Hm interesting, thanks. I assume that the risk of having a complaint upheld isn't worth the bad press for some companies?

Jim2007

https://www.boards.ie/discussion/comment/117906337#Comment_117906337

It works both ways, can you afford the bad press of having it out there in public that you did not survive the probation period and that you are a trouble make best not taken on at all? Do you have deep pockets, ready to put up the deposits that the legal profession while require to take on a cases with is unlikely to succeed?

plane2556

Thank you all for the advice.

I have worked in many other jobs and have never been treated this way. My performance was never an issue and I found their whole approach to the situation completely inappropriate and unfair.

Why would someone be let come in to do half of their shift and halfway through told goodbye? Doesn’t make sense to me.

For the most recent comment above, I am most certainly not a trouble maker. I just won’t let a company walk all over me over something so minor - it wasn’t even explained to me what the issue was. Did I ask? Yes. And the reasons given were completely made up and never brought to my attention.

Annascaul

https://www.boards.ie/discussion/2058208629/probation-period-termination

If say, your probationary period is 6 months, and it's cut to just two months, then I'd say its rather poor management style that this happened.

However, as things are within the probationary period, it's hard to do anything in terms of appeal. During probationary period, they can pretty much do what they like, - sadly. I would also think that in the hospitality sector it's very hard to measure and quantify things, but I've never worked in the industry.