The Employment Relations Authority has upheld a personal grievance claim for unjustified dismissal of a worker sacked under the 90 day rule.

The ERA held that there was no employment agreement provided to the worker until at least one month after she commenced work and so the 90 day rule could not apply to her.  She had been employed for the month and the 90 day rule can only apply to employees never before employed by that employer.

In addition the ERA held that the employee worked regular hours and was not a casual employee on no fixed hours.  Lost wages of $8,100 plus compensation and costs were awarded.

If you need help getting your employment agreements right please call me on (04) 473 6850.