Briar Kennedy v Adulto HR Limited [2026] NZERA 537 - missing trial clause and predetermined performance dismissal
Adulto HR Limited believed Briar Kennedy was employed on a 90-day trial, but the employment agreement contained no trial provision and was not given to her until after she started work. Adulto then purported to extend the trial into a probationary period and dismissed her after 97 days. The ERA found there was no valid trial or probationary period, the qualification and performance grounds did not justify dismissal, and the outcome was predetermined. Adulto was ordered to pay $14,900 gross lost remuneration and $16,000 compensation.
