Check when the agreement was signed
A clause signed only after the employee had already started work can create a serious validity issue.
90-DAY TRIAL DISMISSAL
A valid trial period removes important dismissal protections. It does not remove every employment right.
If a valid 90-day trial applies, an employer can dismiss during the trial without the usual obligation to prove a good reason or follow the ordinary fair-process steps. That makes the validity of the trial clause, the timing of the agreement and the dismissal notice especially important.
START WITH THE REAL ISSUE
What this situation actually means.
A trial period is different from probation. A valid trial period can prevent an employee from bringing an unjustified-dismissal grievance about the employer's decision to end employment during the trial. Probationary employees retain the ordinary dismissal protections.
Trial-period wording and timing matter. The employee generally needs to agree to the trial provision before becoming an employee. Prior work for the same employer can be relevant to whether a trial is available. The dismissal notice also needs to be given during the trial period, even if the notice period itself runs beyond the last day of the trial.
Trial periods do not wipe out every possible claim. Employees retain minimum employment standards and can still have claims unrelated to the protected dismissal decision, including some discrimination, harassment, wage, holiday-pay, contractual or other statutory issues depending on the facts.
WHAT MATTERS
Four things to check before deciding what the case is worth.
Check whether you worked there before
Prior employment with the same employer can affect whether a trial period was lawfully available.
Check the exact notice
The employer should give the contractual or reasonable notice required, and notice relying on the trial needs to be given within the trial period.
Separate dismissal from other rights
A valid trial may block an unjustified-dismissal claim, but it does not automatically defeat unrelated statutory or contractual claims.
WHAT TO DO NOW
Keep the next steps practical.
Find the signed agreement
Use the actual signed version and record the signing date and your first day of work.
Calculate the trial dates
Work out the start and last day of the trial and compare them with the date notice was communicated.
Preserve the notice
Keep the letter, email or text terminating employment and identify the contractual notice period.
Check for claims outside dismissal
Review unpaid wages, holiday pay, discrimination, harassment, retaliation, contractual promises and other issues separately from the trial dismissal itself.
RED FLAGS
Facts that deserve a closer look.
- CHECK
The agreement was signed after you started work
- CHECK
You had previously worked for the same employer
- CHECK
Notice was given after the 90-day period ended
- CHECK
The employer did not give the required notice
- CHECK
The employer says the trial prevents every kind of employment claim
FAQ
Questions people ask in this situation.
Can I challenge dismissal during a 90-day trial?
If the trial period is valid and the dismissal falls within it, the usual unjustified-dismissal grievance is generally unavailable. Validity and notice should still be checked carefully.
Does my employer need a reason during a valid trial?
Employment New Zealand states that an employer relying on a valid trial period does not need to have a good reason for dismissal or follow the ordinary fair-process requirements.
Can notice run past day 90?
Notice can potentially be given during the valid trial period even if the notice period continues beyond day 90. The agreement's wording and the date notice was given matter.
Is a probation period the same as a trial?
No. Probation does not remove the ordinary unjustified-dismissal protections; a valid statutory trial period can.
90-DAY TRIAL DISMISSAL
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