HR Support

90 day trial

From 1 March 2009, employers who have 19 or fewer staff will be able to employ new employees on a trial period of up to 90 days.

During this period the employer can dismiss the employee without the employee being able to take a personal grievance for unjustified dismissal. 

While a trial period sounds great, there are some things you need to remember:

  • The trial period is voluntary
  • Trial periods must be agreed to in writing in the employment agreement by both the employer and employee before work starts
  • You need to consider and respond to any issues raised by the employee about a trial period
  • Notice of termination must be given within the trial period, even if dismissal isn't until after the trial period ends
  • Trail periods are only for new employees only
  • All other aspects or the Employment Relations Act 2000 still apply
Talk to us about how you can make sure you stay out of trouble.  We can provide you with the right agreements so that you don't get caught out.

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