Dismissed under a 90-day trial period?

What is a 90-day trial period?

A 90-day trial period is a written employment agreement clause used at the start of employment. If it is valid and used correctly, it limits an employee’s ability to bring a personal grievance for unjustified dismissal if they are dismissed during the trial period.

These clauses are tightly regulated. If the legal requirements are not followed, the employer might not be able to rely on the trial clause.

Many employees assume a trial period means they have no rights at all. That is not correct. The clause, dates, notice, final pay, and surrounding claims all matter.

How trial periods work in New Zealand

A trial period must be agreed in writing as part of the employment agreement before the employee starts work. The clause must clearly state that the employee is on a trial period, how long it lasts, and that dismissal during the trial period limits the right to raise an unjustified dismissal claim.

A trial period must not be longer than 90 days. It is usually only available for a genuinely new employee who has not previously worked for that employer.

When a trial period might not apply

A trial clause might fail if the setup was wrong from the start. Because the clause limits an important employment right, the details matter.

Common validity issues

• The employee started work before signing the employment agreement.
• The trial period clause was not included clearly in the written agreement.
• The clause is vague, poorly drafted, or longer than 90 days.
• The employee was not a genuinely new employee for the business.
• The employer cannot prove when the agreement was provided or signed.
• The trial period wording does not clearly explain the effect of dismissal during the trial period.

If any of those issues exist, the employer might not be able to rely on the trial period to block an unjustified dismissal claim.

Ending employment during a trial period

Even where a trial clause is valid, the employer still needs to use it properly. One key issue is whether notice of termination was given within the trial period.

Problems that often arise

• Notice is given after the 90-day period has expired.
• The employer does not follow the notice requirements in the employment agreement.
• The dismissal is not clearly communicated.
• Final pay, wages, holiday pay, or notice pay are handled incorrectly.
• The employer treats the trial period casually without checking the formal requirements.

A trial period does not remove minimum employment standards. Employees still have employment rights during the trial period.

What rights still remain?

A valid 90-day trial period mainly limits the ability to bring a personal grievance for unjustified dismissal. It does not remove every employment right.

• Unjustified disadvantage.
• Discrimination.
• Sexual harassment or racial harassment.
• Duress or pressure.
• Unpaid wages, holiday pay, notice pay, or other minimum entitlement issues.
• Breaches of the employment agreement that sit outside the dismissal itself.

Trial period vs probation period

90-day trial period

A valid trial period might limit an unjustified dismissal claim if the statutory requirements are met and notice is given within the trial period.

Probation period

A probation period is different. Even if an employee is on probation, the employer still needs to act fairly, give feedback, follow a fair process, and make a reasonable decision if dismissal is being considered.

What to do if you were dismissed under a trial period

If your employer says your dismissal is covered by a 90-day trial period, do not assume the clause is automatically valid. A careful review of the agreement, start date, notice date, and dismissal wording is important.

1. Keep a copy of the signed employment agreement.
2. Confirm the exact date the agreement was given to you.
3. Confirm the exact date you signed the agreement.
4. Confirm the exact date you started work.
5. Keep the dismissal letter, text, email, or meeting notes.
6. Check when notice was given, not only when employment ended.
7. Keep final pay, wage, holiday pay, and payslip records.
8. Get advice quickly if there is any doubt about the clause or the way it was used.

Time limits matter

Time limits still matter in trial period disputes. If the trial period was invalid or another claim is available, delay might reduce your options.

Personal grievance time limits and related claim pathways should be checked before you decide what to do next.

How Employment Matters Sorted helps

Employment Matters Sorted reviews the agreement, the dates, the notice, and the surrounding facts to assess whether the employer can genuinely rely on the trial period.

This can include checking whether the clause was validly agreed, whether notice was given in time, whether the employment agreement was followed, and whether other claims remain available even if the trial clause is valid.