Think probation protects you from unfair dismissal claims ? Think again

WRC Awards 6,500 euro in Discriminatory Dismissal Sick Leave Case

Sales Assistant versus A Large Retail Store             ADJ-00057459

Summary: A retail sales assistant was dismissed during her probationary period after taking 12 days of certified sick leave. The employer argued they were entitled to dismiss during probation. 

WRC View: The WRC ruled that because the employee had disclosed her medical condition during an interview, the employer was ''on notice'' of a disability. Dismissing her based on absence records without considering reasonable accommodation was deemed discriminatory. 

To Note: This is a perfect warning for HR managers about the intersection of disability law and probationary periods.