Employment Law - Trial Periods - Employment Lawyer Auckland - Dukesons Business Law

August 2016


This Update isn't legal advice – if you need legal advice on any employment law or other business law or commercial law issue, please contact me. I'm an employment lawyer in Auckland, and provide a wide range of business law or commercial law advice.


A trial period provision was ineffective because the Employment Agreement didn't specify the trial period. Instead, it said that the trial period wouldn't exceed 90 days.

The requirements for an effective trial period provision are pretty simple (at least, most employment lawyers would think so) - but they have to be complied with. For there to be an effective trial period:

  • the employee must be a new employee - if they have worked for the employer before or have started work before they have been given or signed an employment agreement, they won't be a new employee;
  • the maximum trial period is 90 days from the date of commencement of employment - it can't be extended;
  • the period must be specified in the Employment Agreement;
  • the agreement should state that during the trial period, the employer may dismiss the employee and if that occurs, the employee can't bring a personal grievance or any other legal proceedings in relation to the dismissal.

These requirements are relatively simple and have been in place for some time now and employers who have consulted an employment lawyer shouldn't be having any difficulties in setting up valid trial periods.

Please contact me if I can help you with any employment law issue or with any business law or commercial law issues.

Feel free to send a link to this Update to anyone who would be genuinely interested.

Want to receive notifications of updates on business law issues and not on the subscription list? Send an email to steve@dukesons.co.nz , put "Add me to the Update List" in the subject line, and give me what contact details you are happy to provide.

Telephone: (64) 09 379 4556

Fax: (64) 09 379 4557

Copyright 2016

Back to list

Level 3, Achilles House, 8 Commerce Street, Auckland 1010. PO Box 946, Shortland Street, Auckland 1140.
Telephone: +64 9 379 4556 Mobile: 021 404 306. Fax: +64 9 379 4557 Email: steve@dukesons.co.nz