请教一下trial period怎样辞退员工正确？（已经回答）

carpentrynz

我们公司有个员工工作能力不过关，想在90天试用期内辞退她
我想请问怎样才是正确的步骤呢？
因为她之前有跟另外一个员工有不愉快，我怕她会用personal grievance来说我们没有对她公平
而且她动作慢，我曾经说过“you are too slow”，而且她年纪又比较大，这样会变成歧视吗？（虽然我说她慢跟她年龄真的没有关系）
最后就是请问有辞退她的信的sample可以参考一下吗？


这个是她的合同里面的试用期clause


2 Term of Agreement
(a) Commencement Date: To Be Advised, 2013
(b) Trial Period
i. The employer and employee agree that the employee’s employment is subject to a Trial Period (under Sections 67A & 67B of the Employment Relations Act) of 120 days starting on the commencement date, being the day the employee actually starts work, and expiring after 120 days.
ii. If within this Trial Period, in the employer’s opinion, the employee does not meet the employer’s needs or standards for any reason, the employer may terminate employment on notice. The employer may, at its discretion, pay wages in lieu of some or all of the notice period.
iii. Notwithstanding any other provision in this Employment Agreement, the notice period for termination of employment during the Trial Period is one week.
iv. In the event that termination occurs under this provision the employee is not entitled to bring a personal grievance on the grounds of unjustified dismissal or any other legal proceedings in respect of the dismissal.
v. During the Trial Period any disciplinary proceedings clause of this agreement or any employer policy regarding the employer’s obligations (including any process requirements) in relation to performance, conduct, training or any other matter relating to the employee’s employment will not apply, except that the employer retains the right to dismiss the employee with immediate effect for serious misconduct.
vi. Notwithstanding any other provision in this employment agreement, the employer is not required to comply with section 4(1A)(c) of the Employment Relations Act during the Trial Period. Section 4(1A)(c) requires the employer to provide the employee with access to relevant information and an opportunity to comment on the relevant information before any proposed decision is made which will, or is likely to, have an adverse effect on the continuation of the employee’s employment.
vii. If the employer dismisses the employee during the Trial Period, the employer is not required to comply with a request under section 120 to provide an employee with a written statement of the reasons for dismissal.
viii. The employee agrees that the employer has drawn attention to and explained the provisions of this clause and been advised of his/her right to seek independent advice. The employee agrees that he/she has been given the opportunity to raise any issues in relation to this clause with the employer and that, where applicable, the employer has bargained in good faith by considering and responding to the issue/s raised.

吃草的狮子

什么都不要说，直接发信告诉她试用结束

我女朋友以前的HR特别说明了这一点，说的越多越麻烦

还有，作为一个经理，你这句you are too slow，其实很致命，以后千万别乱说，聪明的完全可以用你这一句话打官司

AMICUS_LAW

您好，首先，120天试用期不合理，是90天。

其次，如果使用90天试用期的条款的话，可以不提供理由，，直接就说根据法律我们不提供dismiss 的理由就可以了。