67B Effect of trial provision under section 67A

(1)

This section applies if a small-to-medium-sized employer terminates an employment agreement containing a trial provision under section 67A by giving the employee notice of the termination before the end of the trial period, whether the termination takes effect before, at, or after the end of the trial period.

(2)

An employee whose employment agreement is terminated in accordance with subsection (1) may not bring a personal grievance or legal proceedings in respect of the dismissal.

(3)

Neither this section nor a trial provision prevents an employee from bringing a personal grievance or legal proceedings on any of the grounds specified in section 103(1)(b) to (j).

(4)

An employee whose employment agreement contains a trial provision is, in all other respects (including access to mediation services), to be treated no differently from an employee whose employment agreement contains no trial provision or contains a trial provision that has ceased to have effect.

(5)

Subsection (4) applies subject to the following provisions:

(a)

in observing the obligation in section 4 of dealing in good faith with the employee, the small-to-medium-sized employer is not required to comply with section 4(1A)(c) in making a decision whether to terminate an employment agreement under this section; and

(b)

the small-to-medium-sized employer is not required to comply with a request under section 120 that relates to terminating an employment agreement under this section.

Section 67B: inserted, on 1 March 2009, by section 7 of the Employment Relations Amendment Act 2008 (2008 No 106).

Section 67B(1): amended, on 6 May 2019, by section 37(1) of the Employment Relations Amendment Act 2018 (2018 No 53).

Section 67B(3): amended, on 31 March 2017, by section 4 of the Regulatory Systems (Workplace Relations) Amendment Act 2017 (2017 No 13).

Section 67B(5)(a): amended, on 6 May 2019, by section 37(2) of the Employment Relations Amendment Act 2018 (2018 No 53).

Section 67B(5)(b): amended, on 6 May 2019, by section 37(2) of the Employment Relations Amendment Act 2018 (2018 No 53).