Back in
March the Employment Relations Authority held that a six hour “trial period” to
assess suitability for work was “employment”.
The employee could not be dismissed without a proper process (unless
there was a valid “trial period” provision) and was entitled to lost wages
until a new job was found and $5,000 compensation.
The
Employment Court has upheld this decision.
People
taken on even for a short trial are entitled to be paid the minimum wage for
that trial period. For there to be a
legal “trial period” the employee has to agree in writing to the trial period before their trial period starts
and the other written requirements (such as the inability to take a Personal
Grievance for dismissal) need to be included.
Also any dismissal under the trial period provision needs to be carried
out before the end of the trial period.
Alan
Knowsley
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