The Labour Court upheld a €10,000 compensation recommendation to a worker whose contract with Arklow Community Enterprise Ltd was terminated during an extended probation period. The decision was signed on 8 October 2007.
The company appealed, saying the contract ended under its probation clause and that the worker had been told of concerns about his performance. The worker, represented by SIPTU, said he had not been told of problems or given written warnings.
The Rights Commissioner found the worker had not been told of performance concerns during the initial probation period or given a formal account of what was required during the extension. The Commissioner found that he was not afforded natural justice or an opportunity to appeal, and recommended €10,000 compensation. The Labour Court upheld the recommendation.