90 Day Trial - Employment

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networkn

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#156030 17-Nov-2014 10:00

Hi There!

Anyone have experience when a 90 day trial period actually ends on a Sunday where said employee doesn't work on said day, is termination allowed to occur the following business day?

Cheers

scuwp

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#1177223 17-Nov-2014 10:25

I am pretty sure the time period relates to a 'natural' day (not just a work day).

I am unsure you are the employee or employer, but something is clearly wrong with the picture if an employer waits until the last second before deciding to keep or let-go an employee.

Some basic Q&A here, the first one addresses the pitfalls in your scenario
http://www.workplacelaw.co.nz/WHATS+NEW/July+2011/90+Day+Trial+Clause.html

Lazy is such an ugly word, I prefer to call it selective participation

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#1177260 17-Nov-2014 11:02

scuwp: I am pretty sure the time period relates to a 'natural' day (not just a work day).

I am unsure you are the employee or employer, but something is clearly wrong with the picture if an employer waits until the last second before deciding to keep or let-go an employee.

Some basic Q&A here, the first one addresses the pitfalls in your scenario
http://www.workplacelaw.co.nz/WHATS+NEW/July+2011/90+Day+Trial+Clause.html

It's interesting that the article states several instances when an employee can sue and then in their suggested draft clause includes the following:

"If we give you notice of dismissal, you are not entitled to bring a personal grievance or other legal proceedings in respect of the dismissal."

I would add "issuing a deliberately misleading contract of employment' to the list of things that constitute failing to act in good faith.

networkn

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#1177309 17-Nov-2014 12:26

scuwp: I am pretty sure the time period relates to a 'natural' day (not just a work day).

I am unsure you are the employee or employer, but something is clearly wrong with the picture if an employer waits until the last second before deciding to keep or let-go an employee.

Some basic Q&A here, the first one addresses the pitfalls in your scenario
http://www.workplacelaw.co.nz/WHATS+NEW/July+2011/90+Day+Trial+Clause.html

Like a lot of employment situations, the matter isn't just simple black and white. The 90 day period exists for a reason, and that is to allow both parties to evaluate the working relationship, and to give both parties time to rectify any issues that may have arisen for the FULL 90 days if required (Which it was).

I am curious to know if the DOL would have expected me to pull an employee in over a weekend to dismiss them.

Sounddude

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#1177320 17-Nov-2014 12:45

Like a lot of employment situations, the matter isn't just simple black and white. The 90 day period exists for a reason, and that is to allow both parties to evaluate the working relationship, and to give both parties time to rectify any issues that may have arisen for the FULL 90 days if required (Which it was).

I am curious to know if the DOL would have expected me to pull an employee in over a weekend to dismiss them.

One would hope that the employee would have been given a fair amount of guidenence and feedback about their performance (or lack of performance) before a 90 day dimissal was done.

If employers are not doing this, and then dismissing in the last few hours with little to no feedback. I would say that are going very much against what this law was designed to solve.

networkn

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#1177334 17-Nov-2014 13:10

Sounddude:

Like a lot of employment situations, the matter isn't just simple black and white. The 90 day period exists for a reason, and that is to allow both parties to evaluate the working relationship, and to give both parties time to rectify any issues that may have arisen for the FULL 90 days if required (Which it was).

I am curious to know if the DOL would have expected me to pull an employee in over a weekend to dismiss them.

One would hope that the employee would have been given a fair amount of guidenence and feedback about their performance (or lack of performance) before a 90 day dimissal was done.

If employers are not doing this, and then dismissing in the last few hours with little to no feedback. I would say that are going very much against what this law was designed to solve.

I can't really get into this in detail, however I think I can say that this member of staff was provided guidance throughout, and in the attempt to be fair we delayed the decision hoping for improvement, but some things came to light over recent work, over the weekend.

It would not have been a surprise to the person involved and I feel comfortable we acted appropriately throughout, unfortunately we got the timing wrong.

Zeon

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#1177398 17-Nov-2014 15:06

I would do it on the Sunday, just in case.

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