ERA finds practical difficulties and relationship breakdown weigh against reinstatement
The Employment Relations Authority (ERA) recently dealt with an interim reinstatement application from a farm worker who claimed she was unjustifiably dismissed under an invalid trial period, seeking to return to her role and accommodation while her substantive grievance was being determined.
The worker argued that she had been offered and accepted employment before signing her written agreement, making the 90-day trial period provision invalid under employment law.
She sought interim reinstatement to her assistant farm manager position and the farm accommodation that came with the role.
The case raised questions about when employment relationships are formed, the validity of trial periods, and the practical considerations for interim reinstatement in small businesses.
The worker sought to return to the farm while her substantive case was heard, but the employer strongly opposed reinstatement, citing trust issues and practical difficulties.
The worker was recruited by the farming company in March 2025 and signed a comprehensive employment agreement on 7 April 2025, recording a start date of 16 April 2025.
The agreement contained a 90-day trial provision, which the company later relied upon when dismissing her on 19 June 2025.
The worker argued that text message exchanges showed she had been offered and accepted employment before signing the...
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