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Electrical Importing Co Limited agreed the job's core terms with Valerie Leech and directed her when to start before presenting a written agreement containing a 90-day trial.

Drafting and timing defects can defeat a trial defence.

She was dismissed on 26 December 2023 under a 90-day trial period after she had been working for 100 days.

The employer could not rely on a 90 day trial period because the written agreement was not signed before the employee started work.

Adulto HR Limited believed Briar Kennedy was employed on a 90-day trial, but the employment agreement contained no trial provision and was not given to her until after she started work.

Jennifer Jacobsen was dismissed by Cube Innovations Limited after only a few days of part-time work.

An ERA finding of unjustified dismissal where the employer tried to rely on a trial period clause that did not meet s 67A requirements and then failed to engage with the Authority's investigation.

ERA found the employee was constructively and unjustifiably dismissed after the employer raised performance concerns by text and threatened she would not make it out of a '3-month trial' when no trial clause existed.