Worker wins dismissal case after company fails to get signed agreement first
The Employment Relations Authority (ERA) recently dealt with an unjustified dismissal claim involving a worker who was terminated during a training course under a trial period provision that had not been properly executed prior to the commencement of employment.
The worker argued she was unjustifiably dismissed because she had not signed the employment agreement before starting work, making the trial period invalid under employment law.
She claimed the company treated the training course as the start of employment, but dismissed her before she had properly commenced in the agreed role.
The worker applied for a sales representative position advertised on a job website in April 2024. During a phone call on 19 April 2024, a company director suggested she interview for a store manager position instead, considering her skills more applicable.
Following a successful interview on 22 April 2024, she received an email that evening advising her that she would be offered a key account manager position.
On 30 April 2024, the director invited her to attend a three-day training course for new employees, stating it was not mandatory but would be an opportunity to familiarise herself with the product.
He also said that if she attended, she would be paid for the training.
On 2 May 2024, the director emailed the worker an employment agreement for a key account manager...
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