Advice for New Zealand employers using 90 day trial periods, including clause checks, start date risk, written notice, payment, termination mistakes, and Personal Grievance exposure.
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Results for 90 day trial
NZ 90-day trial period law explained.
90 Day Trial Period (NZ)
TopicNZ 90 day trial periods explained for employers and employees.
An administrator was told by an external HR consultant that her employment would be ended under a 90 day trial, then given the option to resign instead.
Preliminary determination on whether a 90-day trial clause barred an unjustified dismissal personal grievance.
In Kaytlin Pinder v S & O Bayliss Ltd [2022] NZERA 646 the ERA held the 90-day trial clause was invalid because employment had already been accepted before the agreement was signed.
A truck driver worked one day for a small Waikato haulage company before being terminated by email under a supposed 90-day trial clause.
In George King v Off the Wall Construction Ltd [2026] NZERA 14, the ERA held the 90-day trial was invalid because the employee had already worked (and been paid) before signing.
