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ERA trial period case where an unexpected cellphone incident ("Masturbation!

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.

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.

... Mr Wang said Dong Construction's ability to dismiss an employee under a 90-day trial period provision without the employee being able to bring a dismissal grievance meant the respondents felt secure employing someone ...

... to provide formal notice of termination in accordance with the 90 day trial provision in the IEA and advising she would be paid one weeks pay. The Authority accepted all of Ms Brennan's evidence and The ...