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90 Day Trial Period Update

90 day trials have become highly technical and unpredictable. Decisions of the Employment Relations Authority have been inconsistent and at least one important case is on appeal.

90 day trials are usually interpreted in favour of the employee but the remedies available to an employee are so low that it is usually uneconomic to pursue a grievance. See my previous update on 90 day trials here.

For employers:
 
  1. Put the start date in the 90 day clause itself.
  2. Insert the option to pay the employee in lieu of notice.
  3. Stick to the words of s 67(A)(2) of the Employment Relations Act, for example: "The trial is for a period not exceeding 90 days starting on ..."
For employees:
 
  1. Employees must be given sufficient opportunity to consider the trial period.
  2. Employees must agree to the trial period before they start work. 


                         shutterstock 321968015-341-822



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