An employee who worked as a Supervisor and was dismissed during his trial period has had his personal grievance claim for unjustified dismissal rejected by the Employment Relations Authority.

The ERA said that the trial period within the employee’s individual employment agreement was effective as the employee had not previously been employed by the company, the provision was in writing, the trial period did not exceed 90 days, and the employee was given notice and dismissed during the trial period.

The ERA held that the dismissal does not deprive the employee of his ability to bring a personal grievance claim for unjustified disadvantage or for a breach of good faith.

The ERA directed the parties to mediation on those issues.