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