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Probation extended but failed first.

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  • 05-03-2019 9:35pm
    #1
    mDx
    Registered Users Posts: 76 ✭✭


    Good evening everyone,
    I need an advice, it's for my wife.
    Shes is pregnant at the moment 5 Months,
    She got reviewed today '3 month probation' and she failed with extended probation for another 3 months.
    She failed only because of attendance, 4 days over 3 months, these absences were with a reason, and note.
    She got sick 2 days she couldn't attend to work she was able to get the doctor note if requested, but it wasn't requested as its not more than 3 days off work.
    Another 2 days she was hospitalised, thanks god nothing about the baby. But again why they give this kind of a reason
    'not attending the work' how should I attend when I am in hospital??

    Thank you for advice


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    #2
    _Brian
    Registered Users Posts: 18,574 ✭✭✭✭_Brian


    It’s very difficult.
    If the company has a zero absence policy then absence even certified is absence, but with an explanation.

    I managed in such a company and it’s a desperate hard line to take and hold.

    So can they extend her probation based on certified absence?, I don’t see why not. It’s not nice, but it’s allowed.

    Having said that, they are fools to be messing about if they are maternity related certified issues.


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    #3
    OMM 0000
    Registered Users Posts: 3,733 ✭✭✭OMM 0000


    There is a myth that you can't be fired for being sick. Unfortunately some companies are very unreasonable about this, and like Brian says, take a hard line on sick days. Certainly in your wife's case they are being very unreasonable.

    It would make me wonder if there's another reason for extending her probation (e.g. they're not happy with her, or more likely they're not happy to keep on someone who's going to take maternity leave soon).

    I don't think you have a lot of options right now.


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    #4
    _Brian
    Registered Users Posts: 18,574 ✭✭✭✭_Brian


    OMM 0000 wrote: »
    There is a myth that you can't be fired for being sick. Unfortunately some companies are very unreasonable about this, and like Brian says, take a hard line on sick days. Certainly in your wife's case they are being very unreasonable.

    It would make me wonder if there's another reason for extending her probation (e.g. they're not happy with her, or more likely they're not happy to keep on someone who's going to take maternity leave soon).

    I don't think you have a lot of options right now.

    Honestly if they wanted rid they would be better nit pick over work issues than start down the road of calling out maternity related certified sick days, while legal I think recent decisions by courts are taking a moral aspect to employee Vs employer cases.


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    #5
    OMM 0000
    Registered Users Posts: 3,733 ✭✭✭OMM 0000


    _Brian wrote: »
    Honestly if they wanted rid they would be better nit pick over work issues than start down the road of calling out maternity related certified sick days, while legal I think recent decisions by courts are taking a moral aspect to employee Vs employer cases.

    Yes, you're right.


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    #6
    skallywag
    Registered Users Posts: 3,000 ✭✭✭skallywag


    _Brian wrote: »
    Honestly if they wanted rid they would be better nit pick over work issues than start down the road of calling out maternity related certified sick days, while legal I think recent decisions by courts are taking a moral aspect to employee Vs employer cases.

    If they wanted rid at any time during the probation period, then are they even obliged to give a reason? Or can it just be covered with a general 'sorry, it's just not working out, all the best for the future?'


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    #7
    3DataModem
    Registered Users Posts: 3,998 ✭✭✭3DataModem


    skallywag wrote: »
    If they wanted rid at any time during the probation period, then are they even obliged to give a reason?

    They would be insane not to give a reason, because the implication could be taken that it is because of pregnancy. Even in the first year, that is discrimination.


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    #8
    _Brian
    Registered Users Posts: 18,574 ✭✭✭✭_Brian


    skallywag wrote: »
    If they wanted rid at any time during the probation period, then are they even obliged to give a reason? Or can it just be covered with a general 'sorry, it's just not working out, all the best for the future?'


    Up to recently I would have said yes, during probation and indeed for the first year employees can easily be set aside on the "its not working out" basis..


    However, there have been unfair dismissal cases taken and won recently that would lead me to feel that this isnt the case in Ireland any more.. I certainly wouldnt do it anymore.. Courts still want to see that employees were given feedback and an opportunity to improve, natural justice as they call it.


    There is much reading on the topic..
    http://www.brightcontracts.ie/blog/2017/09/the-dangers-of-dismissing-an-employee-during-probation/


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