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Probationary Periods

Employers may sometimes state that a contract of employment is permanent subject to the completion of a satisfactory probationary period.  This period may be used by the employer to assess the employee’s performance and suitability for employment.  An employer should appraise the employee’s performance regularly during the probationary period, providing relevant assistance and training.  Case law suggests that regardless of how long the probationary period is, an employee does not have the right to be employed for that full period and in most cases an employer will have the right to terminate the contract during the probationary period.  However an employer must ensure that they follow the Statutory Dismissal and Disciplinary procedure if terminating a contract of employment during the probationary period. 

See:
  • Dismissal
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