Employment termination: 90 day trial dismissals

Many employers don’t understand the proper grounds for employment termination during a 90 day trial period.
If you are within a 90 day trial period, your employer is still obliged to treat you the same as any other employee who isn’t on a 90 day trial period and cannot disadvantage you in any way in the performance of your duties.

What is the 90 day trial period?

The controversial law established in 2011 allows employers with 19 or fewer staff to employ new staff members with a trial period of up to 90 days.
For a trial period to be valid, it must be agreed upon by you and your employer in good faith, i.e. you can’t be forced into accepting employment with a trial period.
The trial period allows the employer to terminate your employment within the agreed time, without you bringing a personal grievance against them, as long as they comply with your employment agreement.
Grounds for a personal grievance
However, there are grounds for personal grievances for employment termination within the 90 day trial period. These include: unfair treatment or harassment, sexual or racial discrimination, failure to give proper notice, invalid employment agreements and many other reasons.

How we help

We represent you in mediation with your employer to resolve the grievance. We have a no win, no fee service and do not charge anything until the situation is resolved, including covering any fees that may be incurred during the process. You need professional advice and support during this difficult time and we’re here to help you get through.

If you feel you have been unfairly dismissed during a 90 day trial period, we urge you to contact us immediately, in confidence.

If you want more information about employment termination within a 90 day trial period, you can read a comprehensive summary at Employment New Zealand.

Still not too sure?

Talk with one of our friendly team members today!