What is the 90 Day Trial Period?

The 90 Day Trial Period is a voluntary arrangement which means that, in addition to other requirements, the employee has to freely agree with the employer for a trial period to be included in their employment agreement. It has to be set out in writing. From 1 April 2011, all employers can rely on one. For employees hired before 1 April 2011, only those employers with 19 or fewer employees could include a 90 Day Trial period in an employment agreement. Employers can also choose not to include a 90 Day Trial Period in Employment Agreements.

It is important to point out that although it is often referred to as the 90 Day Trial Period, a trial period in these circumstances can be agreed for a shorter period. 90 days is just the longest trial period allowed. If an employer wishes to dismiss an employee during a trial period, the employer must give notice of dismissal to the employee before the end of the trial period (even if that dismissal does not actually happen until after the date on which the trial period ended). If the employer waits until the trial period has ended before dismissing the employee, the employee will be able to challenge the dismissal by bringing a Personal Grievance if he or she wishes to do so. For more information, visit the Employment Relations website (http://www.dol.govt.nz/er/minimumrights/trialperiods.asp) or the Citizens Advice Bureau (http://www.cab.org.nz/vat/eb/fw/Pages/Trialperiods.aspx).

From: http://www.cab.org.nz/vat/eb/fw/Pages/Trialperiods.aspx#1