Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.


networkn

23482 posts

Uber Geek

Trusted
Lifetime subscriber

#156030 17-Nov-2014 10:00
Send private message

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


Create new topic
scuwp
3343 posts

Uber Geek


  #1177223 17-Nov-2014 10:25
Send private message

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





Always be yourself, unless you can be Batman, then always be the Batman



Geektastic
14854 posts

Uber Geek

Trusted
Lifetime subscriber

  #1177260 17-Nov-2014 11:02
Send private message

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

23482 posts

Uber Geek

Trusted
Lifetime subscriber

  #1177309 17-Nov-2014 12:26
Send private message

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
I fix stuff!
1850 posts

Uber Geek

Trusted
Vocus
Lifetime subscriber

  #1177320 17-Nov-2014 12:45
Send private message


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

23482 posts

Uber Geek

Trusted
Lifetime subscriber

  #1177334 17-Nov-2014 13:10
Send private message

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
3645 posts

Uber Geek

Trusted

  #1177398 17-Nov-2014 15:06
Send private message

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




Speedtest 2019-10-14


Create new topic





News »

Huawei launches IdeaHub Pro in New Zealand
Posted 27-Oct-2020 16:41


Southland-based IT specialist providing virtual services worldwide
Posted 27-Oct-2020 15:55


NASA discovers water on sunlit surface of Moon
Posted 27-Oct-2020 08:30


Huawei introduces new features to Petal Search, Maps and Docs
Posted 26-Oct-2020 18:05


Nokia selected by NASA to build first ever cellular network on the Moon
Posted 21-Oct-2020 08:34


Nanoleaf enhances lighting line with launch of Triangles and Mini Triangles
Posted 17-Oct-2020 20:18


Synology unveils DS16211+
Posted 17-Oct-2020 20:12


Ingram Micro introduces FootfallCam to New Zealand channel
Posted 17-Oct-2020 20:06


Dropbox adopts Virtual First working policy
Posted 17-Oct-2020 19:47


OPPO announces Reno4 Series 5G line-up in NZ
Posted 16-Oct-2020 08:52


Microsoft Highway to a Hundred expands to Asia Pacific
Posted 14-Oct-2020 09:34


Spark turns on 5G in Auckland
Posted 14-Oct-2020 09:29


AMD Launches AMD Ryzen 5000 Series Desktop Processors
Posted 9-Oct-2020 10:13


Teletrac Navman launches integrated multi-camera solution for transport and logistics industry
Posted 8-Oct-2020 10:57


Farmside hits 10,000 RBI customers
Posted 7-Oct-2020 15:32









Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.


Support Geekzone »

Our community of supporters help make Geekzone possible. Click the button below to join them.

Support Geezone on PressPatron



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.