PHOTO: GETTY IMAGESA recent decision of the Employment Relations Authority (Camacho v North Beach) highlights the importance of having a clear and comprehensive employment agreement. What this means is that employers seeking to dismiss, because of an unsatisfactory probationary period, need to follow a full, comprehensive, good-faith process. In that decision, the court found there were inconsistencies between a trial period provision and probationary provision which created ambiguity, rendering the trial period provision unable to be relied upon by the employer. The authority’s preliminary decision was only about whether the 90-day trial provision was lawful or not. In circumstances where two clauses contradict each other, there is a contrary argument that the 90-day trial provision should take precedent.

Source: Otago Daily Times February 09, 2026 15:39 UTC