DISMISSED IN YOUR TRIAL PERIOD?
Both employers and employees have rights under the trial period law
Can you still have a case for unjustified dismissal if you are terminated under the 90-day trial period?
Changes to trial periods
After 6 May 2019, only businesses with less than 20 employees will be able to use the 90-day trial period.
If your employer gave you an agreement but didn’t tell you there was a 90-day trial provision, (depending on the circumstances) – you may be able to raise a claim for unjustified dismissal.
If you started work before you signed an agreement (which contained a 90-day trial provision) – you may be able to raise a claim for unjustified dismissal.
If your employment agreement fails to appropriately specify when your 90-day trial period started – you may be able to raise a claim for unjustified dismissal.
There are also some general good faith obligations:
Your employer still has an obligation to ensure that you have the tools and equipment to do your job, that they provide any training or coaching that is appropriate to ensure you’re successful in your role, that if there are issues or concerns with any element of your employment, that they’ve raised them with you and given you the opportunity to rectify any concerns.
* There is a catch though – if you believe you have a claim – you need to ensure you raise it no later than 90 days after the termination of your employment.
So if you’ve been terminated under the 90-day trial provision in your agreement and your employer hasn’t followed the correct process, give one of the team at WorkLaw a call on 0800 669 466 , or email us via our contact form and we’ll see what we can do to help.
CONTACT US FOR A FREE CASE EVALUATION
LET’S GET LEGAL
Statistics prove that legal representation improves your chance of a successful outcome. Don’t hesitate, you have nothing to lose by having a free chat with one of our experts.
You can Call us or Email Us using the phone number or the form below.
From Our Clients
Thousands of employees and employers have trusted us us to help with their employment issues, here are reviews from a handful of them.
Highly recommend Emma!
I would highly recommend Emma for your employment needs. Thankyou Emma!
Thank you so much
Everyone said that I needed an employment lawyer but I couldn’t afford to. Then a community law person suggested I call Work Law and that they had heard really good things about them. I’m so happy I did. Thank you so much.
I want to acknowledge Sandy for her fantastic help and for winning my case at mediation. I was truly grateful for her kindness and support throughout the whole process.