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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 ...

She was then terminated by way of an emailed letter later that day and did not understand what she had done wrong or what Ms Huynh meant as she had been at work.

This was confirmed in writing by way of an undated letter, stating that she was being dismissed in accordance with the trial period in her employment agreement, and would receive.

If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.

In the end, Ms McIntyre responded to this email with a letter the next day, 5 December 2023.