Lyndon Barlow was employed by construction company CBT South Ltd in February last year, but was fired just three months later.
CBT South Ltd director Aaron Schreurs relied on the 90-day trial to justify sacking Mr Barlow, but the company could not prove the employee signed his contract before his start date.
On the agreement, Mr Barlow’s signatures were dated March 6, one week after he started working for CBT South Ltd.
He argued he actually signed the contract on March 8, and the company was relaxed about the employment agreement.
Mr Schreurs’s signatures were dated March 16.
He claimed Mr Barlow either handed the contract to him, or left it in the office on February 27, his first day.
In a text, Mr Barlow confirmed he would bring the contract in on his first day of work.
Employment Relations Authority member Helen Doyle could not conclude the agreement was signed before Mr Barlow’s employment commenced.
Because of this, the 90-day trial could not be relied on, she said.
An employer can only exercise the 90-day trial period with new employees, and if a person has worked for a company before signing their contract, by law they are no longer a new employee.
Mr Barlow also claimed he was unjustifiably disadvantaged because most of the work he did was cladding and roofing — a field which he had extensive experience in.
He felt deceived about the nature of his role with CBT South Ltd and believed the company received the benefit of his experience for less pay.
He was concerned about the lack of variety in the work impeding his professional development, the decision said.
After about two months, Mr Barlow raised concerns about the nature of the work he was undertaking
Mr Schreurs argued three months was a limited timeframe to focus on the type of work done and the absence of variety.
The authority disagreed with Mr Barlow and said his claim of unjustified disadvantage was not established.
"Directing Mr Barlow to carry out work that was required, not inconsistent with his job description, his skills and, at least to an extent, his expectations, was justified," Ms Doyle said.
"It was what a fair and reasonable employer could have done in all the circumstances for the first few months of employment."
The authority ordered CBT South Ltd to pay Mr Barlow $13,572 in lost wages and $13,500 compensation for the impact the dismissal had on him.
felicity.dear@odt.co.nz , PIJF court reporter
