Court Confirms
Probationary Employees
Can Be Fired Without
Cause
A worker during the
period of probation, can
be fired without cause,
according to a decision
of the Sala Segunda de
la Corte Suprema de
Justicia.
According to the court,
the firing during the
probation period - the
first 90 days of
commencing work - does
not have his labour
rights violated.
"The object of the
probation period is to
allow the employer to
measure the ability of
the worker, his or her
knowledge of the job for
which hired, work
aptitude and their
personal abilities in
general, all with the
intention towards a
permanent position. When
it refers to the public
sector, which has the
responsibility to
guarantee good public
service, the managers
have the obligation to
ensure the selection of
qualified staff", notes
the ruling of the Sala
Segunda de la Corte
Suprema de Justicia.
The court decision was
in response to a
complaint by a public
service employee,
identified as Arias
Elizondo, against the
Juzgado de Trabajo (Labour
court) and the
Tribunales de Puntarenas
(Puntarenas tribunal),
who ruled against Arias
in his filing against
the State.
Arias asked the court to
be reinstated as acting
Jefe del Departamento de
Transportes del Centro
de Atención
Interinstitucional La
Reforma (head of the
transportation
department of the La
Reforma prison), a
position he had held
since July 2000.
Arias in September 2003
was appointed to Jefe,
assuming the new
position on November 1,
2003. On January 29,
2004, before the 90 day
probation period ended,
Arias was fired from the
job on the basis that he
did not have the
aptitude for the job.
In addition to asking
the court that he be
re-instated, Arias asked
for damages for lost
wages and benefits due
him under the law, as
well as compensation for
his age because he is
unable to compete in the
labour market.
The Judges not only
confirmed that the
Ministerio de Justicia
(Ministry of Justice)
acted correctly, but
also indicated that the
law leaves it to the
competent authorities
the power to dismiss an
employee on probationary
period and without
taking into account the
period worked prior to
the new appointment. |
