George King was dismissed by Off the Wall Construction under a purported 90-day trial. The decisive issue was timing: he had already performed paid work before signing the agreement containing the trial provision.
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Results for trial period dismissal
Kaytlin Pinder was dismissed under a purported 90-day trial period. The key issue was whether the trial provision had been validly agreed before she became an employee, together with related failures to provide proper employment documentation.
Adulto HR believed Briar Kennedy was on a 90-day trial, but the agreement given after she started contained no trial clause. The employer then purported to extend the nonexistent trial into probation and dismissed her after 97 days on qualification and performance grounds.
Southshore Marine attempted to rely on a 90-day trial when dismissing Mr Gillard after concerns about his work. The timing of when employment actually commenced and the complete absence of a fair performance, conduct or capacity process were central issues.
North Beach relied on a 90-day trial clause to argue Noel Camacho could not bring an unjustified-dismissal grievance, but the same employment agreement also contained a probation clause that conflicted with the trial wording.
Courtney Jansen was told by an external HR consultant that BDS Chartered Accountants would end her employment under a 90-day trial, but was offered the option of resigning instead. The case turned on whether choosing resignation in the face of an announced dismissal was truly voluntary.
DD Group Holdings relied on a 90-day trial clause to dismiss Kelly Wilkins, but she had already begun paid training before the employment agreement containing the clause was signed. Her own conduct was also relevant to remedies.
MOVE Freight dismissed Mr Putaanga for medical incapacity after a workplace accident and a lengthy period assessing his prospects of returning to full-time work. He also alleged the employer had failed to provide a safe workplace and that this caused unjustified disadvantage.
