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On probation and not performing? Fair procedures not required says the Court of Appeal
The Court of Appeal has issued a landmark decision on dismissals during probation, overturning the High Court's decision in O'Donovan v Over-C Technology Limited and Over-C Limited. In a clear and direct judgment, the Court of Appeal outlines that an employer may, if it is contractually free to do so and upon giving adequate notice, terminate the employment of an employee on probation for any or no reason without affording the employee fair procedures (provided the dismissal is not for misconduct).
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By A&L Goodbody LLPThe Court of Appeal has issued a landmark decision on dismissals during probation, overturning the High Court's decision in O'Donovan v Over-C Technology Limited and Over-C Limited. In a clear and direct judgment, the Court of Appeal outlines that an employer may, if it is contractually free to do so and upon giving adequate notice, terminate the employment of an employee on probation for any or no reason without affording the employee fair procedures (provided the dismissal is not for misconduct).