Where an employee is failing to perform during their probationary period there is an onus on the employer to provide training to support the person. Where this training does not lead to improved performance, and there is a belief that the person will not meet expressed minimum requirements of the job, then the person may be dismissed.

Despite having only been with the firm a short time, the dismissal must be carried out fairly to avoid the risk of a wrongful dismissal claim.

Following the right process is essential. Please speak to us before you take any action.