90-Day Trial Period Dismissal and Employment Termination NZ

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Are You in the Right Place?

You may need help if:

You were dismissed within your first 90 days of employment

You were terminated under a 90-day trial period clause

You are unsure whether the dismissal was lawful

You suspect the trial clause was invalid

You want to know if you can still raise a personal grievance

If any of the above apply to you, we can help you understand your rights immediately. 

On a valid 90‑day trial, you generally can’t claim unjustified dismissal but can claim discrimination/harassment.

What is a 90-day trial period in New Zealand

A 90-day trial period allows an employer to dismiss a new employee within the first 90 days without the employee being able to raise a personal grievance for unjustified dismissal, provided the trial period is valid. 

A valid trial period must meet all of the following: 

  • It applies only to new employees 
  • It is included in a written employment agreement 
  • It is signed before employment begins 
  • It clearly states the employer may dismiss under a trial 
  • It cannot apply to workers who have worked for the employer before 

If any of these requirements are missing, the trial may be invalid. 

Can you challenge a 90-day trial dismissal

Most employees cannot raise an unjustified dismissal claim under a valid 90 day trial. 
However, you may still challenge the dismissal if:

The trial period was invalid 

You experienced discrimination 

You experienced harassment or bullying 

The employer breached your employment agreement 

Invalid trial periods can open the door to an unjustified dismissal claim.

When is a 90-day trial period invalid

A trial clause may be legally invalid if: 

  • The agreement was signed after you started work 
  • The trial clause was missing from the written agreement 
  • You previously worked for the employer 
  • The clause was unclear or poorly worded 
  • You were misled into signing 

If any of the above apply, your dismissal may have been unlawful.

How Sacked Kiwi Can Help

We provide fast, practical support for employees dismissed under a 90-day trial. 

We can: 

Review your employment agreement 

Check whether the trial period was valid 

Assess whether you can raise a personal grievance

Represent you in mediation 

Pursue compensation, lost wages, or other remedies 

You do not have to navigate this alone. 

Many 90-day trial cases qualify for our No Win, No Fee service if a grievance can be raised.

If you feel confused, shocked, or unsure what to do next, you are not alone

Being dismissed under a 90day trial is often abrupt and unsettling. 
Many employees feel blindsided, anxious, or unsure of their next steps. 
We are here to provide clarity, support, and expert legal guidance to help you regain control.

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Why you should seek professional help

There is a lot of confusion around 90-day trial dismissals. Professional advice can help you: 

  • Confirm whether the trial period was valid 
  • Identify if you still have a claim 
  • Avoid missing the 90-day timeframe for grievances 
  • Understand your rights around discrimination or harassment 
  • Prevent mistakes that may weaken your case 

Getting advice early can make a significant difference. 

Why choose Sacked Kiwi

We help employees across New Zealand challenge unfair treatment.

NZ wide employment law specialists 

Fast and clear advice 

No Win, No Fee options where applicable 

Strong representation at mediation and the ERA 

Professional guidance at every step

Getting Started is Simple:

Step 1

Contact us for a free case review

Send your employment agreement and termination letter. 

Step 2

We assess your situation

We identify whether your trial clause was valid and what options you have.

Step 3

Leave the rest to us

We prepare your case, guide you through the process, and represent you where required.

Step-by-step

Trial period vs probation period

Trial period: 

  • Limited challenge rights 
  • You generally cannot claim unjustified dismissal 
    Probation period: 
  • You retain full personal grievance rights 

Employers often confuse the two. 

Even under a valid trial period, you may still claim: 

  • Discrimination 
  • Harassment 
  • Retaliation 
  • Wage breaches 
  • Health and safety breaches 

These claims have different legal tests and may still be valid. 

  • Do not delay 
  • Request your employment records 
  • Gather your agreement and emails 
  • Seek advice immediately 
  • Understand the 90-day time limit for grievances 

Quick action protects your rights. 

  • Your employment agreement 
  • Termination letter 
  • Any messages related to the dismissal 
  • Notes of discussions 
  • Timeline of events 

You do not need everything; we can help fill gaps. 

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Frequently Asked Questions

Can I challenge a dismissal under a 90-day trial

Yes, if the trial period was invalid or if other claims such as discrimination or harassment apply.

Is my employer allowed to dismiss me without explanation

Only if the trial period is valid. Even then, some dismissals may still be unlawful.

What if I signed the agreement on my first day

If you signed after starting work, the trial clause may be invalid.

Can I raise a personal grievance

You may be able to raise one if the trial was invalid or if your claim relates to discrimination or harassment.

How long do I have to act

Usually 90 days from the date of the dismissal or when you became aware of the issue.

Take action today – time matters

Do not miss your window to challenge an unlawful termination 

We will assess your case quickly and explain your options 

Talk to Sacked Kiwi: Call 0508 227 799 or request a Free Case Review via the form above