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90 day trial period – what is it?

What is a 90 day trial period and how does it work?

From 1 April 2011 all employers will be able to employ new employees on a trial period of up to 90 calendar days.

What is a trial period?

As part of an employment agreement, an employer and employee can enter into a written agreement that, for the specified and agreed number of days but no more than 90 calendar days, the employer can dismiss the employee without the employee being able to take a personal grievance for reasons of unjustified dismissal.

If I am an employee, will the trial period apply to me?

From 1 April 2011, a new employer can provide you with an offer of employment which includes a trial period. A trial period is voluntary, and must be agreed to by the employer and employee in writing in good faith as part of an employment agreement.

If I am an employer, will I be able to offer a trial period to new employees?

From 1 April 2011 employers will be able to offer trial periods to new employees. Any trial period that you agree to with a new employee must be agreed to in good faith as part of their written employment agreement.

Other requirements

The written employment agreement should be signed by both you and your employee at the beginning of your employment relationship. A signed employment agreement may reduce the risks of legal challenge.

You and the employee must both bargain in a fair way.

Notice must be given within the trial period, even if the actual dismissal doesn't become effective until after the trial period ends.

An employer and employee may agree to a trial period only if the employee has not previously been employed by the employer.

For help building an agreement refer to the Employment Agreement Builder

 

Date Modified: Friday, 6 May 2011

Disclaimer: The content on this website covers common problems. It will not answer every question and should not be used as a substitute for legislation or legal advice.State sector employers and employees may be affected by some differences in the laws that apply to them (e.g. State Sector Act 1988).The Department of Labour takes no responsibility for the results of any actions taken on the basis of information on this website, nor for any errors or omissions.