Terminate employee

[Lanacosmo]

Hi everyone!

We have an employee on paused probation since last year on a full monthly pay due to temporary closure of the working sites.

Employee was notified that their probationary period will be "paused" and will start when they begin work when sites opens.

Unfortunately, recently employee has recently demonstrated a bad attitude and inappropriate behavior during her interaction with her line manager.

Can we terminate employee while their probation is on pause?

Thanks a lot!

 

[Newchodge]

Hi everyone!

We have an employee on paused probation since last year on a full monthly pay due to temporary closure of the working sites.

Employee was notified that their probationary period will be "paused" and will start when they begin work when sites opens.

Unfortunately, recently employee has recently demonstrated a bad attitude and inappropriate behavior during her interaction with her line manager.

Can we terminate employee while their probation is on pause?

Thanks a lot!

Yes. What date did she start working for you? Does she have a contractual right that you follow your disciplinary procedure.

 

[Lanacosmo]

Yes. What date did she start working for you? Does she have a contractual right that you follow your disciplinary procedure.

Thanks a lot Newchodge! Employee started working April last year just before the working site was closed, her probation has been extended for 3 months and then paused. Employee received the contract of employment (with the clause of probationary period) and the handbook.

 

[Newchodge]

Thanks a lot Newchodge! Employee started working April last year just before the working site was closed, her probation has been extended for 3 months and then paused. Employee received the contract of employment (with the clause of probationary period) and the handbook.

Thanks. Does the contract state that the disciplinary procedure is contractual? Does it state that it is not? You may have to follow your disciplinary procedure ti avoid a breach of contract claim.

 

[Lanacosmo]

Thanks. Does the contract state that the disciplinary procedure is contractual? Does it state that it is not? You may have to follow your disciplinary procedure ti avoid a breach of contract claim.

The contracts states that " disciplinary rules that form part of the contract will apply when dealing with capability or disciplinary issues..."

Does it mean we have to follow disciplinary route, and can not just fail her probation because of inappropriate behavior towards line manager?

 

[Newchodge]

The contracts states that " disciplinary rules that form part of the contract will apply when dealing with capability or disciplinary issues..."

Does it mean we have to follow disciplinary route, and can not just fail her probation because of inappropriate behavior towards line manager?

Sounds like it. What does the probation part say?

 

[Lanacosmo]

Sounds like it. What does the probation part say?

Thank you Cindy, it states that "During this period your work performance and general suitability will be assessed and, if it is satisfactory, your employment will continue. However, if your work performance is not up to the required standard, or you are considered to be generally unsuitable, we may either take remedial action (which may include the extension of your probationary period) or terminate your employment at any time"

Then the employee received the letter about probation being paused and resumes when work site opens. the letter also said that this pause is due entirely to the impact of pandemic on work circumstances and not due to any issue concerning performance, conduct or attendance.

So we rather have a disciplinary meeting then terminating?

 

[Newchodge]

Thank you Cindy, it states that "During this period your work performance and general suitability will be assessed and, if it is satisfactory, your employment will continue. However, if your work performance is not up to the required standard, or you are considered to be generally unsuitable, we may either take remedial action (which may include the extension of your probationary period) or terminate your employment at any time"

Then the employee received the letter about probation being paused and resumes when work site opens. the letter also said that this pause is due entirely to the impact of pandemic on work circumstances and not due to any issue concerning performance, conduct or attendance.

So we rather have a disciplinary meeting then terminating?

The 2 clauses are not compatable as you are dealing, during probation with capability and disciplinary issues. Also, if the letter stated that the probationary period is paused, there is an argument that they are not currently within their probationary period.

 

[Lanacosmo]

The 2 clauses are not compatable as you are dealing, during probation with capability and disciplinary issues. Also, if the letter stated that the probationary period is paused, there is an argument that they are not currently within their probationary period.

Thanks again Cindy, it does makes sense, so we will follow the disciplinary route