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Results for 90 day trial

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Noel Jr Camacho v North Beach Limited [2025] NZERA 824 - 90-day trial clause held ineffective because probation and trial terms conflicted; employee may bring PG

North Beach relied on a 90-day trial clause to argue Noel Camacho could not bring an unjustified-dismissal grievance, but the same employment agreement also contained a probation clause that conflicted with the trial wording.

Matched passage: After a meeting about concerns on 2 December 2024, North Beach terminated his employment and said it was doing so under the trial period clause.
Kaytlin Pinder v S & O Bayliss Ltd [2022] NZERA 646 - 90-day trial invalid before start, unjustified dismissal, penalties

Kaytlin Pinder was dismissed under a purported 90-day trial period. The key issue was whether the trial provision had been validly agreed before she became an employee, together with related failures to provide proper employment documentation.

Matched passage: Need help with a 90 day trial, unjustified dismissal, or an ERA claim?
Courtney Jansen v BDS Chartered Accountants Limited [2026] NZERA 230 - 90 day trial phone termination + resignation option led to unjustified constructive dismissal; $7,000 compensation

Courtney Jansen was told by an external HR consultant that BDS Chartered Accountants would end her employment under a 90-day trial, but was offered the option of resigning instead. The case turned on whether choosing resignation in the face of an announced dismissal was truly voluntary.

Matched passage: The 90 day trial clause and the 19 December 2024 phone call The parties agreed the employment agreement contained a valid 90 day trial provision.
Melissa Williams v S & M Haulage Limited (t/a Johnson Log Haulage) [2026] NZERA 74 - truck driver dismissed after one day; no valid 90-day trial clause; unjustified dismissal on process; remedies reduced for contribution

Melissa Williams was dismissed after a single day driving for S & M Haulage, which believed a 90-day trial applied and had genuine safety and resourcing concerns about her readiness for the role. The ERA examined whether there was a valid trial clause and whether she was given any chance to respond before termination.

Matched passage: On 11 September 2024, after only one day of work as a driver, the employer terminated Ms Williams by email, stating it was "under the 90-day clause".
George King v Off the Wall Construction Ltd [2026] NZERA 14 - 90-day trial invalid, unjustified dismissal

George King was dismissed by Off the Wall Construction under a purported 90-day trial. The decisive issue was timing: he had already performed paid work before signing the agreement containing the trial provision.

Matched passage: Practical takeaway If you want a 90-day trial, the agreement (with the trial clause) must be signed before the employee does any work for you.
WILKINS v DD GROUP HOLDINGS LIMITED [2025] NZERA 536 - 90-day trial invalid because agreement was signed after work began

DD Group Holdings relied on a 90-day trial clause to dismiss Kelly Wilkins, but she had already begun paid training before the employment agreement containing the clause was signed. Her own conduct was also relevant to remedies.

Matched passage: Story in plain English DD Group Holdings offered Ms Wilkins employment with a 90-day trial clause.
GILLARD v SOUTHSHORE MARINE LIMITED [2025] NZERA 454 - 90-day trial reliance fails; dismissal unjustified

Southshore Marine attempted to rely on a 90-day trial when dismissing Mr Gillard after concerns about his work. The timing of when employment actually commenced and the complete absence of a fair performance, conduct or capacity process were central issues.

Matched passage: The Authority found that this determination in itself will be a lesson to them when employing staff in the future against a 90-day trial period, and also in relation to the way communication with employees needs to be open and constructive.
Thuy v Huynh [2025] NZERA 74 - 90-day trial failed; dismissal for seeking employment advice unjustified

A nail technician was dismissed during a purported 90-day trial after seeking advice about her employment rights. The employer had not complied with the notice requirement in its own trial clause.

Matched passage: At a glance Citation: [2025] NZERA 74 Registry: Wellington Authority member: Claire English Investigation meeting: 9-12 September 2024 Determination: 14 February 2025 Outcome: Unjustified dismissal and disadvantage established; 90-day trial protection unavailable.

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