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I,m a Certifying drainlayer on a 90 day trial period i have

 
christhelawyer's Avatar
  • Answered by:christhelawyer
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Customer Question

I,m a Certifying drainlayer on a 90 day trial period i have been working there for three weeks now.I went home early one afternoon as i was in pain because i hert my self they sent me a Email that very day and said that my employment is stoped and to pick my tools up.
? Do they have to give me a weeks notice and have a good reason

Submitted: 377 days and 15 hours ago.
Category: New Zealand Law
Value: NZ$47
Status: CLOSED

Accepted Answer

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Expert:  christhelawyer replied377 days and 14 hours ago.


christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

A trial period is voluntary, and must be agreed to by the employer and employee in writing in good faith as part of an employment agreement. Did you sign this part of the contract?

christhelawyer :

The good faith provisions of the Employment Relations Act 2000 still apply to the negotiation of trial periods. Remedies are available for personal grievances other than those based on unjustified dismissal. For example, if employers act in a discriminatory manner or in the case of sexual or racial harassment, employees will be able to take a personal grievance under the Employment Relations Act through the Employment Relations Authority

christhelawyer :

Here it is arguable that they have not followed proper procedure of giving notice. They must still give you notice of 1 or 2 weeks.

christhelawyer :

So you can make a claim even though it is not as strong as if you were outside the 90 day period

Customer :

no contract was signed he has not suplied me with one

christhelawyer :

If you have not signed a 90 day trial period, and there is no contract, then your employer has wrongly dismissed you, and will be fined for not having a contract. You can claim a full personal grievance and should get in to see a lawyer to start this.

Customer :

thankyou

christhelawyer :

By not having a contract he has broken the law. By not having a written agreement for the 90 days, then you are not on a trial period.

Expert TypeLawyer
Category: New Zealand Law
Pos. Feedback: 98.1 %
Accepts: 8003
Answered: 5/10/2012

Experience: LLB MMgt FAMINZ 32 years qualified as lawyer

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