90-Day Trial Periods: Fact Sheet

Employee Performance

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To assess an employee’s suitability for a role, under the Employment Relations Act 2000, an employer and employee can agree to include a trial period of up to 90 days.

During a valid trial period, an employer may dismiss the employee without a written reason, and the employee will be prevented from raising a personal grievance for unjustified dismissal. It does not prevent an employee from raising a claim for unjustified disadvantage during employment or a complaint in respect of harassment or unlawful discrimination.

If you choose to place an employee on a trial period, you need to comply with some important conditions.

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What's inside

  • Ensuring a valid trial period.
  • Trial periods under collective agreements.
  • Employee rights during a trial period.
  • Terminating employment under the trial period clause.
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