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Trial and Probation Periods

If you agree to a 90 day trial in your employment agreement, your employer may terminate you employment without notice or reason. However, for this to be lawful

  • the trial must be agreed to in your contract before you start employment;

  • you must not have worked for the employer before signing this contract;

  • the employer must have 19 or less employees; and 

  • they must give you the specified notice in your trial clause

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If these aren't all done, your termination may be unlawful and we recommend getting advice!

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Probation periods are different, but generally require regular feedback and opportunities to improve prior to dismissal being considered. â€‹Your employer should comply with the terms in the probation period clause in your contract and act reasonably towards you.

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If you have been dismissed under a trial period, and you think its unfair then act now! There is a strict 90 day time limit for making an unfair dismissal claim. 
 
probation and trial periods
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