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Dismissal under 90 day trial must be in writing…

The Employment Relations Authority has ruled that a verbal dismissal of an employee under a 90-day trial period is not sufficient.

The employee had been called to a meeting to discuss his performance.  This was two days before his 90-day trial period ran out.  At the meeting he was told he was dismissed under the 90-day trial period.

His holiday pay and one week’s pay in lieu of notice were paid into his account that day.  He was not given a written letter of termination until three days after the 90-day trial had run out.

The ERA ruled that a dismissal must be more than verbal and therefore he was not dismissed within the 90-day period.

The claim for unjustified dismissal can now continue to be heard by the ERA. As he was dismissed after the 90 days this needed to be done by a proper process and none had been followed.

If the matter does not settle prior to a hearing then I expect the dismissal will be held to be unjustified, and awards of lost wages and compensation made.