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WRC rejects manager’s €10,739 claim for pay during extended probation

By Eimear Byrne

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission rejected a sales and business development manager’s €10,739 claim for pay through an extended probation period, finding that his contract allowed termination on notice and did not guarantee employment until the review date. The decision was dated 28 May 2019.

The manager said the parties had agreed to extend his probation for three months and argued that ending his employment before the review date meant wages were withheld. The company said the extension was for up to three months, with no guaranteed fixed term, and that it gave notice under the contract. It cited concerns about his sales strategy, account management, planning and reporting.

The officer found the contract allowed probation to be extended and employment to be terminated on notice, including a shorter notice period in specified circumstances. The manager was given notice on 3 December 2018 and his employment ended on 14 December. The WRC concluded the claimed wages after termination were not properly payable and found the complaint not well founded.

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