The Case of Maria and the Contract Calling for Probation

Minutes after starting her new job, Maria's employer handed her a copy of an employment contract she was told she would need to sign "for the file". This was the first time Maria had been made aware that she would need to sign a written employment contract. Maria signed the contract and delivered it to her HR manager. She did not keep a copy, and her employer did not provide her with one. She did not review the contract in detail at the time she signed it, and she thought nothing of it. She was eager to commence work. Four months later Maria was terminated without notice on the basis that she was not suitable for her job. The employer stated that it did not owe her any notice of termination or pay in lieu because the contract she had signed established a probationary period of six months during which time she could be terminated for any reason without notice or severance in lieu. Maria was shocked and horrified. At no time had she thought she would be subject to a probationary period. She wished that she had reviewed the contract in more detail at the time she had signed it.

Explain whether you think Maria is bound by the terms set out in the contract

1. What is the legal issue?
2. What are the rules of law (legal principles, or "tests") to be applied?
3. How should the rules of law be applied to the facts presented? Give persuasive reasons.
4. What is the most probable legal resolution of the case, having regard to the legal test, and its application to the facts presented? Give persuasive reason