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Trial and probation periods

What is a trial period?

An employer may employ you on a trial period of up to 90 calendar days.  Here are some things you should keep in mind about trial periods:

  • You can only agree to a trial period if you have not been previously employed by the employer.
  • Trial periods must be entered into by mutual agreement, and you should not be forced into being employed on a trial period.
  • Trial periods must be agreed to in writing.
  • Your employment agreement needs to state that during the trial period the employer may dismiss you, and you will not be able to take a personal grievance on the ground of unjustified dismissal.
  • You may still pursue a personal grievance on other grounds in the Employment Relations Act 2000, such as sexual or racial harassment, or if the employer does something that unjustifiably disadvantages you.
  • Mediation services are still available to you and your employer.

What is a probation period?

You and your employer may also agree to an initial probationary period when you start work. This must be recorded in writing in the employment agreement.

Probation periods are different to trial periods. During the probation period your employer still needs to follow a fair disciplinary or dismissal procedure (like telling you what the issues are, giving you time to seek advice, and giving you an opportunity to improve). The employer can’t simply tell you to leave at the end of the probation period.  If you have been working on a probation period you may raise a personal grievance on the grounds of unjustified dismissal, if you think the employer did not have good reason to dismiss you.