Employer checklist for using a 90-day trial period: drafting the clause, signing before work starts, calculating the period, giving termination notice and avoiding defects that can revive a personal grievance.
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A practical guide to New Zealand 90-day trial dismissals: when the clause is valid, the start date and notice requirements, and the mistakes that can leave an employer exposed to a personal grievance.
When workplace suspension is justified, the consultation and contractual issues employers should consider, and how an unnecessary or unfair suspension can become a separate unjustified-disadvantage grievance.
Sukhmanpreet Singh's dispute with JIT arose after he was pressed to submit an annual-leave request and a confrontation followed. JIT then cancelled his shifts on claimed mental-stress grounds and later dismissed him for serious misconduct, while the ERA examined the conduct of both sides.
Mere Broughton was dismissed after 106 days at The Whanau Ora Community Clinic. Her agreement contained a probation clause, and the dispute centred on the employer's attempt to use that clause as a shortcut to termination rather than carrying out a substantively justified and fair process.
Philip Moller was dismissed by Cardinal Logistics after refusing a drug and alcohol test said to arise from a safety complaint. The case turned on whether Cardinal had genuine and reasonable grounds to require the test and whether it fairly verified the allegation before suspending and dismissing him.
Haochen Guo was suspended, complained of bullying and was later made redundant while absent on ACC leave. The ERA examined the fairness of the suspension and workplace treatment as well as whether the purported redundancy was genuine and properly consulted on.
No Win No Fee
TopicNo Win No Fee employment advocacy means you usually do not pay professional fees upfront. Suitable employee cases are assessed on merit, evidence, likely recovery and whether the matter can be run commercially under the engagement terms.
