The Employment Court has upheld a 90 day trial clause for an employee who unusually had a previous employment agreement with the employer.

The employee was hired in one position and signed an employment agreement, but before they commenced work they were offered a more senior role and signed another agreement with another 90 day trial period.

They were then dismissed during the 90 days and claimed the clause was invalid because they were already an employee, as they had been offered and accepted work.

The Court held this was not employment as they had not commenced carrying out any duties for the employer under the first agreement.  The employer, however, shot themselves in the foot by not giving the proper notice period, so the dismissal was unjustified and cost them over $140,000 for lost wages and compensation.

Alan Knowsley

Employment Lawyer