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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

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

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

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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