Trial periods and the 90-day rule explained

What a trial period actually is

A trial period lets an employer end a new hire's employment within an agreed period at the start of the job, and the worker cannot raise a personal grievance for unjustified dismissal over it. That is the trade-off. It is not a free-for-all, and it is not the same thing as a probationary period, which is a separate arrangement with its own rules.

The big misunderstanding: a trial period does not switch off all your rights. You still get paid correctly, you still get your minimum entitlements like breaks and holiday pay, and you are still protected from discrimination, harassment, and unlawful treatment. A trial period only limits one specific thing, the ability to challenge the dismissal itself as unjustified.

Who a 90-day trial can apply to

Trial period rules have changed over the years in terms of which employers can use them, so check the current position on Employment New Zealand rather than relying on what a mate told you in 2019.

The core requirements have stayed consistent, though. A trial period can only apply to a genuinely new employee. If you have worked for that employer before, even in a different role, a trial period generally cannot be used on you. It is aimed at people starting fresh with that business.

What makes a trial period valid

For a trial period to hold up, several things have to be right, and employers get tripped up on these regularly.

If any of these are missing, the trial period may not be valid, which means you could challenge a dismissal like any other worker. When in doubt, get advice early rather than after you have signed.

• It must be in a written employment agreement, and the trial clause must be clearly stated in it.
• You must sign the agreement before you start work. If you have already begun the job, it is generally too late for a valid trial period.
• It must state the length of the trial and that the employer can dismiss you within that period.
• You need a real chance to read the agreement and get advice before signing. Being handed a contract and a pen on day one, with no time to think, is a warning sign.

Your rights during a trial period

Even under a valid trial period, an employer still has to act in good faith. If they dismiss you within the trial, they should give you the notice set out in your agreement. You can still ask why you were let go, and it is reasonable to want feedback, although the rules around what they must formally provide can differ, so check Employment NZ for the current detail.

You keep every other protection. You cannot be dismissed for a discriminatory reason, for raising a health and safety concern, for being pregnant, or for asserting a legal right. A trial period does not cover any of that. If something like this happens, you may still be able to raise a personal grievance.

Common mistakes people make

The word "90-day" gets treated like a magic shield that lets an employer do anything for three months. It does not. It is narrow, it has conditions, and a sloppy or backdated agreement can fail.

A few things worth knowing so you are not caught out.

• Signing after you start work. This is one of the most common ways a trial period falls over.
• Assuming "trial period" and "probation" mean the same thing. They are different, and a probation does not remove your right to challenge an unfair dismissal.
• Thinking you are owed nothing at the end. You are still owed your correct pay and any holiday pay for the time you worked.
• Not getting advice before signing. A quick check with a union, a community law centre, or Employment NZ can save you a lot.

If something feels off

If you have been let go under a trial period and you are not sure it was valid, or you think the real reason was discrimination or something else unlawful, you do not have to just wear it. There are time limits for raising a personal grievance, so do not sit on it for months.

Start with Employment New Zealand for the current rules, and consider talking to a union or a free community law service. Getting the facts straight early beats guessing, and it costs you nothing to ask.