Now, the trial period clause has been emended, currently any employer can employ a new employee on a trial period for up to the first 90 calendar days of their employment.
Now from 06 May 2019, only an employer with 19 or fewer employees (at the beginning of the day on which the employment agreement is entered into) may employ a new employee on a trial period for the first 90 calendar days of their employment.
Recently, the Employment Court, Christchurch branch, has discussed in detail about section 67A: 90-day trial provision, in the case Talbot Agriculture Limited.
Employees on valid trial periods:
The employees have all minimum employment rights and responsibilities (eg in relation to health and safety, minimum pay, annual holidays, public holidays, sick and bereavement leave and equal pay), except bringing a personal grievance for unjustified dismissal.
In trial period, there are a number of must do’s in the employment relationship. These include doing things in a way that shows good faith, good reason, and a fair process.
Please contact us to discuss your employment matter.
Dilkhush Surani B. Sc. LL.B
Barrister & Solicitor
Ph: +64 9 279 9439
Mob: +64 22898832