An employee who worked as a Project Manager has had his personal grievance claim for unjustified dismissal upheld by the Employment Relations Authority.

The employer was unhappy with the employee’s performance after recruiting him from England.

The ERA held that the 90-day trial provision was not valid as the employee had already been employed before he signed his individual employment agreement.

It found that the employer failed to act as a fair and reasonable employer would in the circumstances by failing to communicate to the employee any concerns about his performance, and for failing to give the employee any opportunity to explain his conduct or chance to improve his performance.

The ERA awarded over $32,000 for lost wages and reimbursement for work visa costs, plus $7,000 compensation for humiliation, loss of dignity and injury to feelings.