Urgent: if someone is in their probation period, do they have less rights?

AARRRGH

Hello,

This is a scenario I urgently need some opinions on. Links to relevant websites greatly appreciated.

I have a contract which says I am entitled to one months notice from my employer if they wish to terminate my employment.
I am still on probation.
I am being terminated for coming in late/not doing my job properly/ringing in sick a lot.

Does the fact that I am in my probationary period null the one months notice in my contract?

Advice appreciated. Thank you.

whiskeyman

yes.
That's the whole point of a probationary contract.
The 1 month in your main contract can be waivered.


Check www.oasis.gov.ie
Someone else here should be able to confirm.
Just got this from it:

The contract can include a probationary period and can allow for this period to be extended. The Unfair Dismissals Acts will not apply to the dismissal of an employee during a period at the beginning of employment when he/she is on probation or undergoing training provided that:

** the contract of employment is in writing
**the duration of probation or training in one year or less and is specified in the contract.
The above exclusion from the Acts will not apply if the dismissal results from trade union membership or activity, pregnancy related matters, or entitlements under the Maternity Protection, Parental Leave, Adoptive Leave, Carer's Leave Acts.

whiskeyman

also got this from the site:
Statutory minimum notice
If you do not have a provision in your contract of employment dealing with notice, the statutory minimum notice of one week will apply and this is the notice that you should give your employer of your intention to leave. The statutory minimum notice of one week, is set down in Section 6 of the Minimum Notice and Terms of Employment Act, 1973.

Situations where notice is not required
If an employee has been working for an employer for less than 13 weeks or in situations where the employee is guilty of gross misconduct, then the employer is not bound to give the employee the minimum notice of one week.

amen

I am being terminated for coming in late/not doing my job properly/ringing in sick a lot.

well if the above is true are you surpised that your employment is being terminated. Most people try and make an a good impression in the first few months of work.

AARRRGH

I was actually just painting a scenario. I'm not being fired

WhiteWashMan

then why the query?

AARRRGH

WhiteWashMan wrote:

then why the query?

I don't want to get into details, but imagine something like role reversal etc.

tman

you came into work dressed as a woman?

lomb

tman wrote:

you came into work dressed as a woman?

lol

AdrianII

i know that in my company there is a standard rule of one month notice, but whilst your on the probation, they can give you 2 weeks and tell you to sling your hook. So it varies from job to job

yossarin

every comany i've worked for has had a one week rule during probation and oen month thereafter.

WhiteWashMan

yeah, its usually stated in the contract what the notice period on probation is.
i was fired from somewhere after 6 weeks once and left the office that day and got a weeks pay.

whippet

I recently 'let some one go' 5 months into a 6 month probationary period, after a few warnings for generally uselessness and incompetance. We just called the bloke in, gave AB and C as examples, refered to previous conversations and asked him to leave the building immediatly, as far as I was concerned he wasn't getting another penny.

Victor

dublindude wrote:

I am being terminated for coming in late/not doing my job properly/ringing in sick a lot.

One is being fired, no notice is necessary. A record of previous warnings would be important though.

nesf

Victor wrote:

One is being fired, no notice is necessary. A record of previous warnings would be important though.

Most places I've worked in allowed the person the option of working out their notice to cover the bills while they found a new job.

Unless the person was a total muppet. In that case it generally was an "on the day" type thing.

If the person was working there for less than 3 months, it was a bit of a non-issue really.

themole

dublindude wrote:

I don't want to get into details, but imagine something like role reversal etc.

so, yes you should be able to fire the incompetant underling

leeroybrown

Once you've worked 13 weeks you be come entitled to stautory notice of one week (which you can't sign away in a contract). There is an increasing scale of minimum notice period based on length of service.

whippet wrote:

I recently 'let some one go' 5 months into a 6 month probationary period, after a few warnings for generally uselessness and incompetance. We just called the bloke in, gave AB and C as examples, refered to previous conversations and asked him to leave the building immediatly, as far as I was concerned he wasn't getting another penny.

You can dismiss someone without notice for 'misconduct' (generally only for serious misconduct) but they have every right to challenge you legally...

nesf wrote:

Most places I've worked in allowed the person the option of working out their notice to cover the bills while they found a new job.

This is because legally they would have to pay them in lieu of notice even if they didn't work it. Unless of course they do the above and terminate them for 'misconduct'.

nesf

leeroybrown wrote:

This is because legally they would have to pay them in lieu of notice even if they didn't work it. Unless of course they do the above and terminate them for 'misconduct'.

Yup. Personally I think it's the most favourable option. The company avoids being sued and the worker gets a month to find a new job.

There isn't really a bad side.

Although it does run against this wrongheaded concept that companies "owe" people jobs. They don't. They are well in their rights to fire you if they wish. They just better have a good reason for it or you can drag them through the courts for severance. But they do have a right not to employ you. As damaging to your ego as that might be.