Everything To Know About 90-Day Trial Periods
A trial period can help both employers and workers to ensure that the position and organisation are a good fit for them. Despite their benefits, there are several significant conditions and rights that employers must follow. Importantly, an employee can have a trial period included in their employment agreement for the first 90 days of employment if it is included in the agreement before the person begins work, there is no prior employment of the employee by the employer and the employer has less than 20 employees. If an employer dismisses an employee within the trial period, the employee cannot file a
personal grievance for wrongful dismissal or pursue any legal action in connection with the dismissal. But what are some mistakes to look out for regarding 90-day trials?
When you recruit a new employee, the 90-day trial period is not automatically included. Clauses must be included in your written employment agreements, and other documentation must be handed to your possible new recruit before they begin work. We’ve encountered a number of examples where companies attempted to fire someone under the 90-day trial period despite having no mention of it in their employment agreements.
Employment agreements are specialised documents that should not be attempted on your own if you want them to be legally binding. If the 90-day trial period clause is not correctly drafted and you seek to enforce it, the ex-employee may file an unfair dismissal action against you for a variety of technical legal grounds.
Following Processes
If you do not follow the correct process, even the most watertight employment agreement in the world will not assist you. Before a new employee begins working for you, you must ensure that the employment agreement and letters informing them of the 90-day trial period are signed, dated, and in your possession. If you do not do so, the employment agreement and the 90-day trial period may be regarded as null and invalid.
What Happens If The Trial Period Is Not Going Well?
The employment agreement will need to specify the notice time for dismissing an employee during a trial period. During the trial period, the Employer may set a shorter notice period than a normal contracted notice period. Failure to provide enough notice to an employee renders the trial period null and void. During the trial time, the notice of dismissal must also be served. If the notice term is one week and the trial period is 90 days, the employer must provide notice before the end of the 90
th day.
When dismissing an employee on trial, the employer is not required to provide grounds for the dismissal. However, it is recommended practise to provide a rationale or at the very least feedback to ensure that the employee has learned something from the trial term in accordance with the good faith standards.
Are you about to sign a new contract and want to make sure it’s in your best interests, or do you just need legal counsel about your current work situation?
Contact Hayman Lawyers right now! Our team will assist you in whatever way you require!
