The Employment Relations Authority has upheld a claim for unjustified dismissal of an employee who was employed for a total of four days.

The employer tried to rely on a 90 day trial clause but the ERA held that the clause was not valid. 

The employee started work on 12 March but was not given and did not sign an employment agreement incorporating the 90 day trial until 15 March.  He was then dismissed on the following day.  The ERA held that because he was an employee before he signed his employment agreement incorporating the trial provision, the trial provision was therefore invalid.

The employee was awarded $10,500 lost wages and $8,000 compensation for hurt and humiliation.

From 6 May 2019 only employers with less than 20 employees can rely on a 90 day trial provision.  It pays to take advice before you act on any provision to ensure that it was valid before you rely upon it.

Alan Knowsley

Employment Lawyer