Dismissal of a Probationary Employee Under the Labor Code
Anahit was hired as a marketing specialist at a Yerevan trading company on 10 March. Her employment contract specified a three-month probation period ending 10 June. On 25 May her manager informed her verbally that she would be let go, and on 5 June the company issued a written dismissal order citing 'unsatisfactory probation results.' Anahit had not received any written evaluation, warning, or documented performance feedback during the period. The company's internal regulations require a written appraisal before the probation period ends. Anahit wants to challenge the dismissal. She also notes that her last salary payment for May was 12 days late and that she was never given a copy of the internal regulations despite requesting one. Her contract salary was 250,000 AMD per month.
1. Identify the procedural defects in the dismissal and assess whether Anahit has grounds to challenge it.
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Key defects:
- Timing - The probation period was to end 10 June. A dismissal based on probation results must generally be effected within the probation period and communicated properly. The verbal notice on 25 May is not a valid dismissal act; the written order came 5 June, but the employee must be given notice and an opportunity to respond.
- No documented evaluation - The company's own internal regulations require a written appraisal. None was given, so the stated ground ('unsatisfactory results') lacks evidentiary support. The employer bears the burden of showing objective failure to meet the agreed criteria.
- No copy of internal regulations - Anahit cannot be held to standards she was never given. This further weakens the employer's position.
- Late wages - The 12-day delay in the May salary is an independent violation giving rise to a separate claim (including possible compensation for delayed payment).
Conclusion: Anahit has solid grounds to challenge the dismissal as procedurally unlawful and substantively unsupported, and a separate claim for the delayed wage.
2. If Anahit prevails, what remedies should she realistically seek and in what forum?
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Forum: Individual labor disputes are resolved through the labor dispute resolution bodies and, failing that, the courts (civil procedure). She should first raise a written complaint with the employer, then proceed to court within the applicable limitation period.
Remedies to seek:
- Reinstatement to her former position (primary remedy for unlawful dismissal).
- Payment for forced absence - average earnings for the period from dismissal until reinstatement.
- The delayed May salary of 250,000 AMD plus statutory compensation/interest for the delay.
- Possible compensation for moral harm where the law allows.
Practical note: She should gather evidence now - the contract, the dismissal order, any messages, and a written request for the internal regulations - because the burden of proving lawful dismissal rests largely on the employer.