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Dismissed under non-existent 90 day trial clause…

An employee has succeeded in his unjustified dismissal claim after the Employment Relations Authority found that there was no 90 day trial provision in his agreement.  Even if there was a 90 day trial clause it would not have been effective because he was not given the contract until after he was employed.

The ERA also dismissed the employer’s claim that the dismissal was justified for redundancy as the employee was given no warning of the impending redundancy or opportunity to comment on it before he was dismissed.

The ERA awarded $6,950 lost wages and $5,000 compensation.