IT employee argues company violated employment law by dismissing him 121 days into role

The Employment Relations Authority (ERA) recently dealt with a personal grievance claim involving a worker who was dismissed after what his employer claimed was an unsuccessful trial period, despite the dismissal occurring well beyond the statutory 90-day limit.

The worker argued that his dismissal was unjustified because it happened 121 days after his employment started, breaching the maximum 90-day trial period allowed under employment law.

He also claimed that his employer failed to follow proper procedures before dismissing him, giving him no warning about performance concerns or an opportunity to respond to any issues.

The case raised important questions about compliance with trial period provisions and procedural fairness obligations.

Trial period compliance under employment law

The worker started employment with an IT company on 9 April 2024 as a business development manager.

His employment agreement contained a standard 90-day trial provision stating that his employment was "on a trial basis for the first 90 days of employment" and that during this period, employment could be terminated with one week's notice.

However, the employer dismissed the worker on 7 August 2024, which was 121 days after his employment started.

This timing created a significant legal problem for the employer, as it exceeded the statutory maximum trial period allowed under Section 67A of the Employment...

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