Blackmore v Honick Properties Limited
In the case of Blackmore v Honick Properties Limited the Employment Court has bolstered the “strict interpretation” approach taken to 90 day trial periods. For employers (particularly small businesses) this means that there are several technical requirements which you need to comply with in order for your 90 day trial period to be effective.
The first was that, for the purpose of an unjustified dismissal claim, the employment relationship begins at the time the offer of employment is accepted. As Mr Blackmore had already accepted the offer letter (with no mention of a 90 day trial) before he was presented with a draft written employment agreement, he was already employed by the time he signed that document. The employer was therefore not able to introduce a trial period as a condition of employment for someone who was, by that time, already an employee. This therefore meant that any dismissal had to satisfy the high justification threshold that normally applies.
The information contained in this publication is of a general nature and is not intended as legal advice. It is important that you seek legal advice that is specific to your circumstances.
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Glenn Finnigan, PARTNER
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