90-day work trial flaw uncovered - News Summed Up
90-day work trial flaw uncovered

90-day work trial flaw uncovered

August 29, 2016 23:03 UTC

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90-day work trial flaw uncovered


Four early childcare teachers have successfully argued that not stating an official start date for a 90-day trial period in an employment agreement voided the entire trial. Amanda Honey, Henrietta du Plooy, Rebecca Clark and Leeann Baxter were employed on November 23 2015 by Lighthouse ECE Ltd on a contract that included a provision for a 90-day trial period. The four teachers gave notice of their resignation from employment in December, and received notice in response that Lighthouse was terminating their employment under the 90-day trial provision. The teachers brought individual cases to the Employment Relations Authority arguing the trial period clause in the agreement was nullified because it did not state when the 90-day trial period would begin,The Employment Relations Act requires employment agreements to contain a starting date for the 90-day trial provision. Larmer said there were a number of circumstances in which the parties may agree that the 90-day trial period does not start on the first day of employment.


Source: Otago Daily Times August 29, 2016 23:03 UTC



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