Probationary Periods Must be Proportionate to the Length of a Fixed Term Contract

In An Assistant Lecturer v An Institute of Technology (ADJ-00050085) the Workplace Relations Commission (the WRC”) examined the issue of proportionality in probationary periods.

The Complainant was employed by the Respondent institute as a part-time assistant lecturer on a 24-month fixed term contract of employment. His probation period was 12 months long. He brought complaints to the WRC under the Terms of Employment (Information) Act, 1994 (the “1994 Act”) and the Protection of Employees (Fixed-Term Work) Act, 2003 (the “2003 Act”) challenging the length of the probation period..

Decision: The Adjudicator, Mr. David James Murphy, considered section 6D of the 1994 Act, which states:

“ (1) Subject to this section, where an employee has entered into a contract of employment with an employer which provides for a probationary period, such period shall not exceed 6 months.

(2) The probationary period of a public servant shall not exceed 12 months.”

Both parties agreed that the Complainant is a public servant and that a 12 month probation period was in compliance with this Act.

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