Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when the employer asserts that a 90-day trial period clause bars the unjustified dismissal claim, and the employee disputes the validity of that trial period. This guide is used by legal practitioners representing employees to challenge the execution dates, contract wording, or notice delivery to defeat the trial period defense.
Jurisdiction: New Zealand Employment Relations Authority (national registries). This fork covers preliminary jurisdictional challenges to 90-day trial periods under Section 67A and Section 67B of the Employment Relations Act 2000.
The Process at a Glance: The process starts with an audit of the trial period's execution dates and wording. The practitioner drafts the personal grievance letter asserting trial invalidity. If mediation fails, the practitioner files Form 1 in the Auckland registry, participates in the case conference, and represents the client at the preliminary jurisdictional hearing to defeat the bar.
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 compliance; [Lewis v Immigration Guru Limited [2022] NZEmpC 65](https://www.employmentcourt.govt.nz/) on probation conflict.
* 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 Personal Grievance for Unjustified Dismissal (Applicant) - 90-Day Trial Period Dispute 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 L&E_LITIGATION cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
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