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.


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