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.
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Results for ERA
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.
In Kaytlin Pinder v S & O Bayliss Ltd [2022] NZERA 646 the ERA held the 90-day trial clause was invalid because employment had already been accepted before the agreement was signed.
L Linehaul Ltd [2021] NZERA 304, the ERA held the redundancy dismissal was unjustified due to a lack of consultation, lack of relevant information, and failure to properly explore alternatives and redeployment.
In Neil Armstrong v Surplus Brokers Ltd [2019] NZERA 235, the ERA found a casual employee was unjustifiably dismissed during a period of engagement.