Worker says 90-day clause was legally flawed but employer argues dismissal was valid
The Employment Relations Authority (ERA) recently dealt with a case involving a machinist who was dismissed during what his employer claimed was a valid 90-day trial period, raising important questions about the technical requirements for trial period provisions in employment agreements.
The worker argued that his dismissal was unjustified, claiming the trial period provision in his employment agreement was invalid due to multiple technical failures. He maintained that he had not been properly advised to seek independent advice about the agreement and that proper written notice procedures were not followed during his dismissal.
The employer defended the dismissal, arguing that the worker was subject to a valid 90-day trial period under the Employment Relations Act 2000 and that his termination was lawful. The company maintained that performance concerns justified ending the employment relationship during the trial period without following standard dismissal procedures.
The worker had been employed as a machinist from 31 July 2023 until his dismissal on 30 August 2023, barely one month into the role. Conflicting evidence emerged about when the employment agreement was actually signed, with the worker claiming he took it home to consider while the manager insisted it was signed during their meeting on 13 July 2023.
The employment agreement...
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