Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when the employee was dismissed under a 90-day trial period clause and has brought a personal grievance for unjustified dismissal. This guide is used by legal practitioners representing employers to assert the trial period as a complete jurisdictional bar. It focuses on auditing the agreement execution dates, wording compliance, and seeking dismissal of the claim.
Jurisdiction: New Zealand Employment Relations Authority (national registries). This fork covers preliminary jurisdictional challenges based on Section 67A and Section 67B of the Employment Relations Act 2000.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | |||
The Process at a Glance: The process starts with a strict audit of the trial period's validity, checking the signature dates, notice terms, and any conflicting probation clauses. The practitioner drafts the trial period preliminary objection and files it in the Form 3 Statement in Reply in the Auckland registry. The practitioner attends the Authority preliminary case conference to schedule a jurisdictional hearing. The practitioner exchange witness statements and represents the employer at the preliminary investigation meeting, securing a determination that dismisses the personal grievance.
Key Legislation and Case Law: Employment Relations Act 2000 - s 67A (trial periods); s 67B (dismissal under trial period). Key cases: [Smith v Stokes Valley Pharmacy [2010] NZEmpC 111](https://www.employmentcourt.govt.nz/) on strict wording requirements for trial period clauses; [Lewis v Immigration Guru Ltd [2017] NZEmpC 141](https://www.employmentcourt.govt.nz/) confirming that probation clauses conflict with and invalidate 90-day trial periods.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Defending Unjustified Dismissal Claims (Respondent) - 90-Day Trial Period Pathway matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Employment Law cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| text |
| Required |
inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
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