SECTION 2 – Terms and Conditions of Service
SUB SECTION 3 – PROBATIONARY AND NOTICE PERIODS
2.23 All initial engagements are subject to a probationary period. The probationary period for all employments is 9 months. At the discretion of the OC LEC HR the probationary period may be extended automatically when an employee is legitimately absent from work through sickness, school holidays, special leave, stand downs etc, by a period equivalent to the period of absence.
- Probationary periods are to be observed where an individual transfers from one post to another upon promotion.
- Probationary periods are to be observed where an individual takes up employment after a break in service of more than three months whether it is a lower or equivalent graded position.
- Probationary periods are not applicable where an individual transfers without a break in service to another post which is of an equivalent or lower grade.
- At the discretion of OC LEC HR, casual/zero hour staff (bank staff, standby bus escorts etc) who transfer to regular hours may be required to complete a new probation period.
2.24 Notice of termination can be given up to the last day of the probationary period. If employment is terminated during the probationary period, a minimum of 2 weeks notice is to be given by the employer and/or by the employee.
2.25 There is no ban on Dep employees applying for alternate employment during the probationary period. However, in such situations the employee should be advised:
- That it is common courtesy to inform their current Line Manager that they are applying for other jobs and that the LEC HR is also obligated to do so.
- That the fact that they are in the probationary period might count against them in the short listing or selection process.
2.26 The probationary period is an important and vulnerable time, during which an employee is required to learn new skills in an unfamiliar environment. At the commencement of employment, in order to aid the Dep employee’s transition into their new post, line management should give them as much assistance as possible. To aid line management in providing this assistance they should be provided with a ‘Dep Employee Probation Form’ a copy of which is included at Annex N. This form is to be completed at the 3, 6 and 9 month periods and returned to LEC HR. If however, at the end of the 6 month period the work performance of the employee is causing some concern the OC LEC HR is to be notified immediately as action may have to be taken to terminate the employment within the probationary period.
2.27 Except with those Dep employees in the probation period, a minimum of eight weeks notice of termination will be expected from the Dep employee thereby affording as little turbulence as possible and allowing sufficient time for the closing of pay accounts and calculation of final payment of salary/wages and recruitment action. The LEC HR/Employing Unit will be obliged to give the same notice to those Dep employees who have been in employment for a period of 6 months or less. Where the employment is in excess of 6 months the employer will be required to give 2 months notice to the end of a calendar month. After 4 completed years of employment notification of termination by the employer will be in accordance with provisions afforded to the DEL workforce i.e.
|after a reckonable|
period of employment of
|a notice period of|
|a minimum of 6 months||2 months to the end of a calendar month|
|a minimum of 4 years||3 months to the end of a calendar month|
|a minimum of 6 years||4 months to the end of a calendar month|
|a minimum of 9 years||5 months to the end of a calendar month|
|a minimum of 12 years||6 months to the end of a calendar month|
|a minimum of 20 years||7 months to the end of a calendar month|
The exceptions to the above are as follows:
- Agreement by both parties – i.e. line management and employee.
- There is a short notice posting of Head of Household or other reason and at the discretion of OC LEC HR.
- Resignation is due to domestic distress.
- Resignation is due to health reasons (a medical certificate will be required).
- In the case of Dep employees leaving a post to take up a job within the same agency on promotion the notice period may be reduced to 21 days provided written notification of the intended application for promotion has been given to the individuals’ current line manager and with agreement from OC LEC HR.
- Where a Dep leaves employment to take up a job within the same agency without a change in grade exceptionally a 4 week notice period is to be observed unless there is an agreement to waiver between the losing and gaining unit.
2.28 The 8 week notice period will not apply where the appointment is terminated by management during the probationary period, or on the grounds of inefficiency, neglect of duty, misconduct or medical unfitness for further duty or serious breach of security. It is to be noted that pregnancy and pregnancy related reasons are not valid grounds for termination of contract.