Termination of an employee during probation period without giving show cause notice or conducting enquiry cannot be challenged. Only thing is the terms of employment or what is given in the employment order with regard to termination during the “probation period”. If it is worded like, “your services can be terminated without notice and without assigning reasons during probation period”, then the question is whether the termination letter contained any reason for termination like, “ you are terminated on finding that your performance has been poor.” If there is a qualifying reason given, the termination can be challenged saying that you were not appraised of your performance and nothing was communicated as to improve the performance. On the other hand, if the termination letter only says that “ following the clause …..(the clause number which states that during probation period, your services shall be terminated without notice and without assigning any reason) your services stand terminated with effect from….”, then you cannot challenge it.
Sometimes, the letter of appointment will contain a condition or reason for termination like, “if your performance during probation period is found unsatisfactory”. In such cases also it is to be proved that your performance was poor and was made known to you before you were given termination letter. The responsibility to prove that you were not given an opportunity to improve or you were not communicated of your poor performance rests with you, the terminated employee. Therefore, before going to court, better understand the situation and then act.
Madhu.T.K