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 and your business through the complexities involved with using trial periods.
Or call +64-9-486-2169
Helping you navigate the complexity
For 90-day trial periods to be enforced, you and your employee must agree to the trial period, prior to the employee commencing employment. It is also vital that this agreement is recorded by way of a signed employment agreement, incorporating the trial period. Trial periods are only open to “new” employees, and employees who have commenced work prior to signing an agreement incorporating the 90-day trial period are no longer “new” employees.
The effect of not having a signed agreement prior to commencement of employment will mean that the employer cannot rely on the 90-day trial period to dismiss an employee, and also that the employee may raise a grievance if the dismissal is substantively unjustifiable and/or handled in a procedurally incorrect manner.
If you’d like to discuss HR and workplace related issues, reach out to our Employment Law team below.
Or call +64-9-486-2169
