NZ 90-day trial period law explained.
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NZ 90-day trial period law explained.
NZ 90 day trial periods explained for employers and employees.
![Kaytlin Pinder v S & O Bayliss Ltd [2022] NZERA 646 - 90-day trial invalid before start, unjustified dismissal, penalties](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
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.
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.
She was dismissed on 26 December 2023 under a 90-day trial period after she had been working for 100 days.
The employer could not rely on a 90 day trial period because the written agreement was not signed before the employee started work.
An ERA finding of unjustified dismissal where the employer tried to rely on a trial period clause that did not meet s 67A requirements and then failed to engage with the Authority's investigation.
ERA found the employee was constructively and unjustifiably dismissed after the employer raised performance concerns by text and threatened she would not make it out of a '3-month trial' when no trial clause existed.