An employee dismissed without notice under a 90 day trial period has won her personal grievance claim for unjustified dismissal.  The employee did not sign her employment agreement with the 90 day trial period until the day after she started work.  Therefore the trial period was not lawful, as she had already been employed for a day when she signed it.

Trial periods can only apply to employees who have not worked for the employer before (no matter how briefly).

In addition the employee was dismissed for poor performance without giving her notice under the agreement.

Dismissal without notice is only available for serious misconduct and none was alleged.

Lost wages of over $10,000 plus compensation of $5,000 and costs were ordered.  If you need help putting in place or acting on a 90 day trial period give me a call on (04) 473 6850.