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.

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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.

Helped with my son's unfair dismissal

5.0 rating
September 8, 2019

My son was unfairly dismissed from his workplace and reticent to take action against the company as he felt he had no power. Worklaw informed him of his rights and with their representation he successfully proceeded with an unfair dismissal case. Worklaw were extremely professional and got the job done. Well impressed.

Brenda Rae Kidd

I was well represented

5.0 rating
September 7, 2019

I found myself in a position never before experienced and the Nelson/ChCh team were amazing with advice and help. I was well represented here in ChCh – with a wonderful outcome under the circumstances and would not hesitate to recommend Work Law to anyone left in a similar position

Gillian H

On the ball the whole time

5.0 rating
September 5, 2019

Shayne and her team were fantastic, she was on the ball the whole entire time, always communicated with me throughout the whole process. I couldn’t have asked for a better team to represent me. Thank you for everything.

Heta T

 

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