Fired after 2 weeks

[greenfield]

As I understand it, in the case cited by crumdub12, the Labour Court have "recommended" as a way to end the dispute that money is paid. This is not an order and is in no way legally binding. If the employer rejects the recommendation, which he can do, the only recourse for the ex-employee is that their union initiate industrial action on their behalf.

 

[pat127]

my recollection is that the first 6 months of employment is probation period

What's your source for this as a matter of interest? AFAIK a probation period is given at the discretion of the employer who also determines the duration?

 

[dontaskme]

my recollection is that the first 6 months of employment is probation period

What's your source for this as a matter of interest? AFAIK a probation period is given at the discretion of the employer who also determines the duration?

as Clubman pointed out it is 12 months now, not 6 months.

According to

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.

So as I understand it, an employee dismissed after 12 months can claim for unfair dismissal even if the employer says the probation period is more than 12 months. Any employment contract I had, had 6 months probation as that was the relevant figure at the time, nowadays I assume it is 12 months. The employer can use a shorter period but I assume most use 12 months as it is statutory.

 

[pat127]

Thanks for that.

 

[shipibo]

Greenfield,


You are correct in relation to Labour Court having no real teeth .I.E Irish Ferries , they only recomend, so court is quite misleading.


You raised an interesting point about refusal , and next steps, as from my experience in the private sector, if you asked someone to take industrial actions on an issue of principle (someones elses dismissal) you would be laughed at. IA will only get used when it affects most / all members in the pocket,conditions etc ..


I will look into next course of action.

 

[greenfield]

This is why the IR lawyer advised that there was no recourse available - there is no way to sue as you need the 12 months service to pursue a case under unfair dismissals legislation (unless you are covered by the exceptions) and the chances of staff taking industrial action over an ex colleague who worked there for a very short time is extremely unlikely. So, as regards the dismissal, I do not think there is a "next course of action" other than to chalk it up to experience.