The Employment Relations Authority has upheld a personal grievance claim for unjustified dismissal after a worker was fired after eight hours employment.

The employee was on a trial period, but had not been provided with a written employment agreement because the employer had a policy of only providing written employment agreements at the end of the trial period.

The failure to provide a written employment agreement incorporating the 90 day trial period was fatal to the employer’s ability to dismiss under the trial period, because such trial periods must be in writing.

The ERA awarded the employee lost wages and $3,000 compensation for the hurt and humiliation suffered after being fired at the end of his first day.

Alan Knowsley
Employment Lawyer