$16k unjustified dismissal case could have different outcome today

The decision announced today awarding a woman over $16,000 for unjustifiable dismissal from her job could have a different outcome under the law applying now, the Employers & Manufacturers Association (Northern) says.

“The case reported today relates to a circumstance before the present law was available and took effect,” said David Lowe, EMA’s manager of Employment Relations.

“This particular employment case arose in January last year, well before March 1st when the present 90 day probationary employment law came into force. If it occurred now the outcome could be quite different.

“Under the law now, and provided the employee and employer agree in terms of that law, then they could have a 90 day probationary period to work under.

“But both employee and the employer have to agree to it in writing, and the law applies only to employers with fewer than 20 staff.”