20 Jul 2010

Wrongful dismissal suits still possible despite 90-day law - lawyer

6:13 am on 20 July 2010

An employment lawyer says business owners intending to use the 90-day probation period for new employees, could still find themselves open to being sued for wrongful dismissal.

The Government is extending a 90-day probation period to all workplaces. A new employee can be dismissed in the first three months of a job without being able to take a personal grievance case.

However, Mary-Jane Thomas of Preston Russell Law, says it's still illegal to discriminate against a employee on the grounds of age, race, gender, religion or sexual orientation.

She says it might be difficult to prove discrimination was the grounds for the dismissal, but careless use of language could prove a case.

Ms Thomas advises people considering changing jobs, to be wary of accepting a probationary period. She says the probationary clause is not compulsory.