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Results for trial period dismissal

Showing 9-16 of 169 results
George King v Off the Wall Construction Ltd [2026] NZERA 14 - 90-day trial invalid, unjustified dismissal

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.

Matched passage: That meant he had already been employed by the time he signed the employment agreement on 22 August 2023, so the 90-day trial period could not validly apply.
Kaytlin Pinder v S & O Bayliss Ltd [2022] NZERA 646 - 90-day trial invalid before start, unjustified dismissal, penalties

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.

Matched passage: Need help with a 90 day trial, unjustified dismissal, or an ERA claim?
Briar Kennedy v Adulto HR Limited [2026] NZERA 537 - missing trial clause and predetermined performance dismissal

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.

Matched passage: pdf"; } Briar Kennedy v Adulto HR Limited [2026] NZERA 537 Adulto HR Limited believed Briar Kennedy was employed on a 90-day trial, but her employment agreement contained no trial provision and was not given to her until after she started work.
GILLARD v SOUTHSHORE MARINE LIMITED [2025] NZERA 454 - 90-day trial reliance fails; dismissal unjustified

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.

Matched passage: Practical takeaways Trial-period disputes often come down to strict compliance with s 67B and the written agreement.
Noel Jr Camacho v North Beach Limited [2025] NZERA 824 - 90-day trial clause held ineffective because probation and trial terms conflicted; employee may bring PG

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.

Matched passage: The Authority directed the trial period validity issue be decided as a preliminary matter, before the merits of the dismissal PG were investigated.
Courtney Jansen v BDS Chartered Accountants Limited [2026] NZERA 230 - 90 day trial phone termination + resignation option led to unjustified constructive dismissal; $7,000 compensation

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.

Matched passage: pdf"; } Courtney Jansen v BDS Chartered Accountants Limited [2026] NZERA 230 This case sits at the intersection of a 90 day trial clause and constructive dismissal.
WILKINS v DD GROUP HOLDINGS LIMITED [2025] NZERA 536 - 90-day trial invalid because agreement was signed after work began

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.

Matched passage: pdf"; } WILKINS v DD GROUP HOLDINGS LIMITED [2025] NZERA 536 Kelly Wilkins challenged a dismissal said to be made under a 90-day trial period.
PUTAANGA v MOVE FREIGHT LIMITED [2025] NZERA 425 - medical-incapacity dismissal and unsafe-work disadvantage

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.

Matched passage: Trial-period disputes often come down to strict compliance with s 67B and the written agreement.

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