Trial periods can be a confusing element of any employment agreement, and when they can be enforced and what rights both parties have, is often a subject of debate and dispute. Our team can navigate you through the complexities of a trial period both before you sign and as part of your initial employment.
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Employment support when you need it
An employee may not raise a personal grievance in respect of a dismissal that occurs during the 90-day period, providing that the trial period has been correctly entered into. However knowing if the 90-trial period is correct is also a source of confusion between employees and employers.
Of course, the employee may commence a personal grievance in respect of any of the other grounds set out in section 103(1)(b) to (g) of the Act.
The 90 day trial period must be in writing, in the employment agreement and the employee must be made aware of it, with an opportunity to consider how this applies to them and their willingness to take up the offer.
The employer and the employee must agree to the trial period, prior to the employee commencing employment. The 90-day trial period is only open to “new” employees. If you have commenced work prior to signing the agreement, then the 90-day trial period will not apply, and the employer may not rely on that period to dismiss you.
If you are unsure as to whether your 90-day trial period is enforceable or you are looking at raising a grievance and unsure if the trial period restricts you, our team can has all the advice you need.
Or call +64-9-486-2169
