Probationary termination: documentation of performance evaluation and substantive validity of dismissal

The Federal Labour Court dismissed the plaintiff's revision, leaving the lower court judgment in force and holding the defendant liable for costs. The case involved a dispute where the plaintiff challenged the termination of a probationary period, arguing that the employer failed to properly evaluate and communicate the employee's performance during the probationary phase, rendering the termination invalid. The court ruled that a valid termination during probation requires a comprehensive and documented evaluation of the employee's suitability, but concluded that the specific procedural deficiencies alleged by the plaintiff did not substantively invalidate the dismissal in this instance, thereby upholding the lawfulness of the termination.