Good faith in the workplace is in danger of being undermined by invective against employers who are only seeking to act within the law.

BusinessNZ says the Employment Court’s decision on Smith v Stokes Valley Pharmacy indicates that the employers – described by the judge as being guinea pigs in the first legal case involving trial periods – found themselves in this position because of initial flawed legal advice.

The brief of evidence in this case lists the performance issues that led to the decision to terminate employment.

The campaign by some unions against employment trial periods is presenting only one side of the employment issues involved and is not helpful for good employment relations, BusinessNZ says.

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