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If you have been dismissed during your 90 day trial period and you would like to know if it is legal or fair, contact us. We will help you to check and understand your rights.
The 90 day trial period is a clause that an employer may put into your employment agreement. They can hire new employees and give them up to 90 days as a trial period.
Prior to 23 December 2023, this has only applied to employers with 19 or fewer employees.
In practice, if for any reason, the employment relationship does not work out within the first 90 days the employer may end the employment relationship without the risk of the employee raising a personal grievance.
However, employees can still raise a personal grievance for other reasons, such as discrimination, harassment, or an employers’ illegal behavior.
The 90 day trial is not bulletproof, if it is not used correctly, despite the 90 day trial clause being included in the employment agreement, employees can still raise a personal grievance.
The 90 day trial can be less than, but not more than 90 days. The number of trial days must also be specified in the employment agreement.
There are times when an employer may dismiss someone and claim that they can use the 90 day trial period, when in fact they actually can’t. For example:
Before you start work, you have not been notified in writing that the employment agreement contains a 90 day trial clause. Or you signed the employment agreement only after starting work.
You are not a new employee, as you have worked for the same employer before.
If you were given no time to seek independent legal advice before signing the contract.
The correct 90 day trial period wording is not used in your employment agreement.
Your employer has dismissed you on the spot and immediately ended your employment without notice.
Check your employment agreement to confirm there is a clause pertaining to a trial period.
As long as all of the 90 day trial rules have been followed the employer is not required to give any reasons for the dismissal.
There can often be technical errors made by the employer, if you have been dismissed during your 90 day trial period and you want to know if it is legal or fair, contact us. We can help you to check and understand your rights.
Note: If you believe you have a claim – you need to ensure you raise it no later than 90 days after the termination of your employment.
