The
employee had been called to a meeting to discuss his performance. This was two days before his 90-day trial
period ran out. At the meeting he was
told he was dismissed under the 90-day trial period.
His
holiday pay and one week’s pay in lieu of notice were paid into his account
that day. He was not given a written
letter of termination until three days after the 90-day trial had run out.
The ERA
ruled that a dismissal must be more than verbal and therefore he was not
dismissed within the 90-day period.
The claim
for unjustified dismissal can now continue to be heard by the ERA. As he was
dismissed after the 90 days this needed to be done by a proper process and none
had been followed.
If the
matter does not settle prior to a hearing then I expect the dismissal will be
held to be unjustified, and awards of lost wages and compensation made.
Alan
Knowsley
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