The Discretionary Authority of Management to Terminate the Employment Relationship of an Employee on Probation

There is no doubt that the probationary period in public service is a transitional phase aimed at testing an employee's competence and suitability for permanent employment. During this period, the administration has broad discretionary power to terminate the employment relationship if it determines that the employee is unfit to continue. This power is based on the principle of the proper functioning of public services, granting the administration the authority to evaluate an employee's performance without requiring justification for its decision or subjecting the employee to disciplinary action. However, this power is not absolute; it is subject to oversight by the administrative judiciary in terms of compliance with the law and ensuring the absence of arbitrariness or misuse of power. This power raises several legal issues, most notably the balance between the administration's right to select its competent employees and the employee's right to job stability and protection from arbitrary decisions, especially if service is terminated without clear objective justification.