Spotting flaws in 90 Day Trial periodsTuesday 17 July, 2018
If there is a correctly worded 90 Day Trial Period clause in your written employment agreement then your employer can dismiss/fire you for any reason inside that time period. This means that you have far fewer rights during this period than normal. Normally you can legally challenge any dismissal especially if your employer didn’t do it in a fair way. But under a 90 Day Trial Period you can not challenge being dismissed.
There are times when a an employer fires someone and says they can do it under the 90 day trial period law when they actually can't.
Here are four times when being fired under a 90 day trial period wont stand up in law:
- If you signed your employment agreement after you started work or if you worked for that employer previously.
- If the correct 90 day trial period wording is not used in your employment agreement.
- If you were given no time to get advice on the employment agreement before you had to sign it (especially if the 90 day trial period clause was not pointed out to you when you were offered the job).
- If your employer dismissed you on the spot and said that your job was ending immediately instead of giving notice.
These are four common ways that firing someone is actually an unfair dismissal even in the first 90 days. There are some other ways that the employer might not do a 90 day trial period dismissal correctly. These are quite technical errors that one of our advocates will be able to talk to you about. Please contact us for a free consultation so we can assess whether you could challenge your dismissal. We have a team of employment law specialists on hand to support you and to file a personal grievance if you have a case.