The Employment Relations Authority has rejected a claim
for unjustified dismissal and upheld a 90 day trial clause provision. The ERA found that the wording of the trial
clause was lawful and rejected an argument from the employee that he had not
signed the employment agreement until after he had commenced work.
The employer gave evidence that it was signed before the
employee commenced his employment and also called other employees who confirmed
that they were present when the employee signed and that this took place before
he commenced work. This meant that the
dismissal under the trial period was lawful and the employee’s claim for
unjustified dismissal was rejected.
Alan
Knowsley
Employment
Lawyer Wellington
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