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Trial periods in employment agreements entered into after employment commences are ineffective…
A worker brought a claim for unjustified dismissal in the Employment Relations Authority after his employer dismissed him under a trial period clause in his Employment Agreement.
The construction worker saw the advertisement of work from the employer on social media. He commenced employment, and four days later was provided with an Employment Agreement containing a 90-day trial period.
When an on-site incident occurred involving the worker the employer dismissed the worker under the trial period clause.
Our employment law states that an employment agreement containing a trial provision may be entered into by an employer and an employee who has not previously been employed by the employer.
During the trial period the employer may dismiss the employee, and the employee is not entitled to bring a personal grievance or other legal proceedings in respect of the dismissal.
However in this case the Authority held the trial period to be ineffective. The worker had already started work before the Employment Agreement with the trial period was handed to him. The trial period was not agreed in writing before the employment commenced.
Therefore, the worker had already been employed before the terms of the trial period was put to him. The worker was accordingly allowed to raise a personal grievance and bring a claim against the employer.
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