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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22685
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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If there is no employment agreement can I dismiss an

Customer Question

Hi
JA: Hello. How can we be of help?
Customer: if there is no employment agreement can I dismiss an employee withing 90 days of actual starting date?
JA: What state are you in? It matters because laws vary by location.
Customer: in new zealand?
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 4 months ago.

The Employment Relations Act says that you can dismiss an employee on the 90 day trial period provided that the employee has specifically agreed to this term in the written employment contract. If there is no employment contract, then you cannot dismiss the employee within the 90 day trial period. If the employee is not working out you will need to go through the process of oral and written warnings with requirements to improve culminating in a final warning if they continue to be unsatisfactory. If you dismiss without the proper process, then you run the risk of a claim for unfair dismissal

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