Process followed and still caught out… could you be?
We make the assumption that a new Employee has read, understood and sought advice before signing their employment agreement. We advise this verbally and in writing so we expect that this happens, but are you sure? In a couple of recent Employment Relations Authority (ERA) cases the Employee had been terminated under the 90 trial period, the ERA found in favour of the Employee; stating that the Employee had inadequate time to seek advice.
The decisions highlight the importance of ensuring that new employees have plenty of time to read and understand the employment agreement and seek advice if required.
Since these rulings we have added an additional step in our process and we think you should too!
- Verbal offer with the disclosure of the 90 day trial
- Send out new employee documentation
- Follow up call 48 hours later; verify documents received, read, understood and advice has been sought – record these notes on the personnel file
- Signed documentation returned to employer before the Employee starts
- Call to ensure all set for start date 24 hours prior to first day
Our 90 Tips
- Avoid rushing the start date – if documentation isn’t complete, be safe and delay the start date
- Make sure the Employee has their Agreement at least one week prior to start date
- Ensure you add step 3 to your process
- If an employee turns up for their first day without signed documentation or you haven’t verified they have read, understood and sought advice – Stop and postpone their start date