Being dismissed from your job is never easy, and it can feel even more daunting when it happens during your 90-day trial period. If you're in this situation, you're not alone, and it's important to understand your rights.
The 90-day trial period is a provision in New Zealand employment law that allows employers to assess new employees without the risk of a personal grievance claim for unjustified dismissal. However, for a trial period to be valid, there are strict rules employers must follow:
The trial period must be included in your employment agreement, and you must sign it before you start work.
The trial period clause must clearly explain its purpose and how it will be applied.
If either of these requirements are not met, the trial period may be invalid, and your employer could be exposed to claims for unjustified dismissal.
Even though a 90-day trial limits some of your rights, your employer is still required to act in good faith. This includes:
Providing reasonable instructions and expectations for your role.
Giving you the tools and support necessary to succeed in the job.
Being clear about any performance concerns as they arise.
Importantly, employers are still bound by anti-discrimination laws and cannot use the trial period to dismiss you for reasons like race, gender, disability, or any other unlawful grounds.
If your employer dismisses you during the trial period, they must:
Provide Notice: Your employment agreement should specify the notice period required during the trial. If this isn’t followed, the dismissal may be unlawful.
Clearly Communicate the Dismissal: Your employer should inform you of the decision and provide a valid reason for ending your employment.
While you generally cannot raise a personal grievance for unjustified dismissal during a valid 90-day trial period, you may still have legal options if your dismissal:
Breached the terms of your employment agreement.
Did not follow proper process (e.g., failing to provide notice).
Was based on discrimination, harassment, or other prohibited grounds.
Occurred under an invalid trial period (e.g., if the clause wasn’t signed before your first day).
While 90-day trial periods can be unsettling, they don’t give employers unlimited power to dismiss employees without consequences. If you’ve been dismissed during your trial period, and you think it may not have been handled appropriately, ask for help from an expert. 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.
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