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Trial Period Terminations

Despite doing our very best to get the right person on board, we all know that things do not always work out as they should with new employees. While it is certainly not a silver bullet, the 90-day trial period was introduced a few years ago to protect employers from any claim of unfair dismissal if a new employee’s job is terminated within those first 90-days.


BUT, and this is a big BUT, for the employer to enjoy this protection granted by the Employment Relations Act, a number of conditions need to be met. These include:

  1. Making sure that the employee is really a ‘new’ employee and had not worked with the same company in any capacity before, 
  2. That there is a clear and mutual understanding that the employment being offered will be subject to a 90-day trial period and 
  3. Then ensuring that the correct clause is included on the Employment Agreement and that this is 
  4. signed and returned to the employer before they start work on their first day. 

All the employment agreement templates do include the appropriate legal clause Click this link to download you free permenant employment. template.  

If you are unsure about what you need to do, then give us a call, as a chamber member you get free unlimited phone support on 0800 Chamber (24 26 23) and trial period issues are often quickly and easily avoidable, but can be very costly if you get them wrong!

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