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90 Day Trial Periods for Employers NZ | Clause, Notice and PG Risk

Employer checklist for using a 90-day trial period: drafting the clause, signing before work starts, calculating the period, giving termination notice and avoiding defects that can revive a personal grievance.

Matched passage: Employers should still be careful about discrimination, harassment, disadvantage unrelated to the dismissal, unpaid wages, holiday pay, minimum employment standards, health and safety issues, and good faith obligations.
90-day trial dismissal: when you can still raise an unfair dismissal personal grievance

A practical guide to New Zealand 90-day trial dismissals: when the clause is valid, the start date and notice requirements, and the mistakes that can leave an employer exposed to a personal grievance.

Matched passage: State the date notice is given , the last day of employment , and whether the employee is to work the notice or will be paid in lieu (only if permitted).
Sukhmanpreet Singh v JIT Limited, Davinder Pal and Harmanpreet Kaur Sandhu [2026] NZERA 453 - forced leave request, unjustified suspension and dismissal

Sukhmanpreet Singh's dispute with JIT arose after he was pressed to submit an annual-leave request and a confrontation followed. JIT then cancelled his shifts on claimed mental-stress grounds and later dismissed him for serious misconduct, while the ERA examined the conduct of both sides.

Matched passage: Orders made Personal grievance remedies: JITL must pay Mr Singh $9,019.
Mere Broughton v The Whanau Ora Community Clinic Ltd [2023] NZERA 52 - Unjustified dismissal, probation clause misused

Mere Broughton was dismissed after 106 days at The Whanau Ora Community Clinic. Her agreement contained a probation clause, and the dispute centred on the employer's attempt to use that clause as a shortcut to termination rather than carrying out a substantively justified and fair process.

Matched passage: No notice paid: Ms Broughton was dismissed without notice or payment in lieu of notice.
Philip Moller v Cardinal Logistics Limited [2026] NZERA 318 - drug test refusal, unjustified dismissal, unjustified suspension

Philip Moller was dismissed by Cardinal Logistics after refusing a drug and alcohol test said to arise from a safety complaint. The case turned on whether Cardinal had genuine and reasonable grounds to require the test and whether it fairly verified the allegation before suspending and dismissing him.

Matched passage: The letter said he was suspended from work without pay from 29 May 2025 pending disciplinary action.
Haochen Guo v Su's Investment Limited [2025] NZERA 805 - suspension without process, bullying, and redundancy while on ACC leave; $25,000 compensation plus arrears and penalty

Haochen Guo was suspended, complained of bullying and was later made redundant while absent on ACC leave. The ERA examined the fairness of the suspension and workplace treatment as well as whether the purported redundancy was genuine and properly consulted on.

Matched passage: The message did not explain whether the suspension was paid or unpaid.
No Win No Fee
6 articles

No Win No Fee employment advocacy means you usually do not pay professional fees upfront. Suitable employee cases are assessed on merit, evidence, likely recovery and whether the matter can be run commercially under the engagement terms.

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