Dismissed During a 90 Day Trial: What Are Your Rights As An Employee?

Starting a new job can be so exciting but sometimes things don’t go as planned.  And if that happens during your 90 day trial period, there is a chance you may be dismissed.  It’s easy to think that there is nothing that can be done but, can your employer really dismiss you without consequences? What rights do you still have?  What does a 90 day trial actually mean, and what options do you have if you are dismissed?

What Is a 90 Day Trial Period?

Under New Zealand employment law, a 90 day trial period allows employers to dismiss new staff within the first 90 calendar days without the risk of a personal grievance for unjustified dismissal.  But this doesn’t mean you have no rights. The 90 day trial must follow strict rules to be legally valid:

• It must be in a written employment agreement, signed before you start work.

• The agreement must clearly state that you're subject to a trial period under section 67A of the Employment Relations Act.

• It must be offered only to new employees (not someone who’s worked there before in any capacity).

If these conditions aren’t met, the trial period is invalid meaning you may still be able to challenge a dismissal.

Can I Be Fired Without a Reason?

If the trial period is valid, your employer can end your employment without giving a reason but they still need to act in good faith and give you notice as required in your agreement.  You can’t bring a personal grievance for unjustified dismissal but you can bring other claims.  Even on a valid 90 day trial, you still have right.  

Discrimination: If your dismissal was based on race, gender, age, religion, sexual orientation, or disability you may have a claim under the Human Rights Act or the Employment Relations Act.

Harassment or Bullying: If you have been mistreated during your trial period you can raise a personal grievance for unjustified disadvantage or harassment.

Unpaid Wages or Leave: You are entitled to be paid for all hours worked, plus any accrued holiday pay. Don’t let an early dismissal stop you from chasing unpaid wages.

Breach of Good Faith:  Employers must always act in good faith, communicating openly and honestly. If they’ve blindsided you without any feedback or warning, this could form part of a broader claim.

What Do I Do If I'm Dismissed During a 90 Day Trial?

1. Check your employment agreement - was the trial clause clear and signed before you started?

2. Request a reason in writing?  They don’t have to give a reason, but it is worth asking.

3. Get legal advice early - an employment advocate can tell you if the trial period is enforceable and what rights you still have.

4. Act quickly - you usually have 90 days to raise a personal grievance (except for wage claims, which can be longer).

Employers sometimes misuse the 90 day trial assuming it gives them blanket protection. But if they’ve skipped legal steps, treated you unfairly, or relied on discriminatory reasons, you may have a case.  The key is understanding the limits of the 90 day trial and acting fast if you’ve been dismissed unfairly.  If you've been let go during a 90 day trial and you’re unsure what to do next, get in touch with an expert.  Contact Mathews Walker on 0800 612 355, or using the online form below, for a free consultation. 

Online Form

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