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90 Day Trial Periods Introduced
From 1 March 2009 a new employment trial periods regime comes into effect. The main points are:
90 Days Maximum
The trial period may not be longer than 90 days from the first day of employment.
Fewer Than 20 Employees
The trial period may be used only by employers who have fewer than 20 employees.
Written Agreement
The employment agreement must cover three matters:
(a) That the employee is on a trial period from the beginning of employment for a period not exceeding 90 days;
(b) That during the period that employee may be dismissed; and
(c) If dismissed, the employee is not entitled to bring a personal grievance or any other legal proceedings for dismissal.
Only for New Employees
An employee who has had previously been employed by the employer cannot be put onto a trial period if returning to the employer for a subsequent period of employment.
Notice
To gain the protection from a personal grievance for unjustified dismissal, the employer must give notice of termination before the expiry of the trial period, although the actual termination date may be after the expiry of the trial period.
Other Grievances
The trial period will not prevent an employee from bringing a personal grievance for unjustified disadvantage, unlawful discrimination, sexual or racial harassment or duress due to membership or non-membership of a union.
Contracts
Gibson Sheat is preparing appropriate trial period provisions for inclusion in employment agreements. If you wish to have that option included in your own agreement, please contact a member of our employment team.
