Dismissed on a 90 Day Trial? Here’s How an Employment Advocate Can Help

Facing dismissal during a 90-day trial period can feel like a crushing setback, leaving you questioning your skills and future prospects. An employment advocate can help you navigate the often complex world of employment law and workplace rights. By understanding your situation, advocating for your rights, and guiding you through the negotiation or mediation process, an employment advocate can empower you to stand up for your rights and get the fair outcome you deserve.

What Is a 90 Day Trial?

A 90 day trial is a legal period at the start of some jobs where an employer can dismiss a new employee more easily. But there are still rules and employers don’t always follow them properly.

• The 90 day trial must be clearly stated in your written employment agreement.

• It can only be used if you’ve never worked for that employer before.

• During the trial, the employer can dismiss you without giving a reason but they still have to follow the law.

Many employees think this means they have no rights at all. That’s not true.

What Rights Do You Still Have on a 90 Day Trial?

The Trial Clause Must Be Legal

Your employment agreement must have a valid trial period clause. If it doesn’t follow the rules, it may not count and you could be able to raise a personal grievance. To be legal:

• The clause must be in writing, in your signed employment agreement.

• You must have signed it before you started work.

• It must state the exact trial period and what it means.

If your employer missed any of these steps, the trial period might be invalid.

You Must Still Be Treated Fairly

Your employer must still act in good faith. That means:

• Being honest and open with you.

• Not acting in a way that’s misleading or unfair.

• Not firing you for illegal reasons (like discrimination, retaliation, or bullying).

You Must Be Given Proper Notice

Even if you’re on a trial, your employer has to give you notice (or pay instead of notice). The amount of notice should be stated in your contract. If not, the legal minimum is usually one week.

While you usually can’t bring a personal grievance for unjustified dismissal during a valid trial, you can still bring a claim if:

• You were discriminated against (e.g., based on race, gender, age, religion, pregnancy).

• You were sexually harassed or bullied.

• The trial period wasn’t valid.

• You weren’t treated in good faith.

• You weren’t given proper notice.

These are serious issues and they can still be challenged. 

What can an Employment Advocate do if I am dismissed on a 90 day trial?

Review Your Employment Agreement

An advocate will go through your employment agreement with you to see if the trial period clause is actually valid, particularly looking at whether you signed the agreement before your start date and checking whether the trial clause is missing or badly written.

Check If the Dismissal Was Fair

They will ask you questions about the situation like:

• Did you receive proper notice?

• Were you given any feedback before dismissal?

• Were there signs of discrimination?

• Did the employer act in bad faith?

If something feels off, it possibly is and an advocate can help you find out.

Help You Raise a Personal Grievance (If You Can)

If your situation fits one of the exceptions (e.g., discrimination, invalid clause), your advocate can help you file a personal grievance to your employer. This is often the first step toward resolving the issue.

Communicate With Your Employer

If you are feeling overwhelmed, your advocate can step in and speak on your behalf. They can write emails, attend meetings, and make sure your voice is heard calmly, clearly, and confidently.

Explore a Fair Resolution

Your advocate will help by negotiating for one or more remedies such as:

• A written apology.

• A financial settlement.

• A reference for future work.

• An agreement not to speak badly of you

They’ll talk you through your options and help you choose what’s best for your situation.

For Example: Talia got a job as a receptionist at a local dental clinic in Auckland. Her boss told her it was a 90 day trial, but she didn’t see anything about it in her contract and she didn’t sign anything until her second day. After six weeks, her boss told her she was “too quiet for the front desk” and let her go the same day, with no notice and no explanation. Talia was upset and confused. She spoke to an employment advocate, who checked her contract and confirmed the trial period was invalid because she hadn’t signed before starting work. They helped her file a personal grievance and negotiated with the employer who offered a small payout, plus a positive reference.

How Much Does an Employment Advocate Cost?

The good news? Many employment advocates in New Zealand work on a no win, no fee basis.  That means:

• You can get expert help without paying upfront.

• If they do help you get a payout, they’ll take a small share out of your payout.

• If you don’t win anything, you usually don’t pay.

If you’ve been let go and don’t know where to turn you are not alone. An advocate can help you get answers, options, and peace of mind.  If you’ve been dismissed during a 90 day trial, call for a free consultation.  MathewsWalker.co.nz | 0800 612 355

Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.