Can my employer let me go during a 90-day trial period?

General information from Lawmateanz

In New Zealand, an employment agreement can include a trial period of up to 90 days for a new employee. If the trial period is valid and you're dismissed within it, you generally can't raise a personal grievance for unjustified dismissal.

For a trial period to be valid, it must be in your written employment agreement, you must be new to that employer, and you must have signed the agreement before you started work. You also need to have had a reasonable chance to get independent advice before signing.

Even during a valid trial, your employer must give you the notice set out in your agreement, or reasonable notice if none is stated. You can still raise a personal grievance for other reasons, such as discrimination or harassment, and you're still entitled to your final pay, including holiday pay.

If any of those requirements weren't met, the trial period may not apply, and the usual rules on a fair process for dismissal would.

Employment New Zealand (0800 20 90 20) has free information, and a union or Community Law Centre can help you check whether a trial period was valid.

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