ASK CITIZENS ADVICE BUREAU KAPITI......

Sue from Waikanae

Your employer is entitled to terminate your employment during a 90 day trial period provided your employment agreement meets the strict requirements of the Employment Relations Act.

They do not have to give a reason, or consult with you, but notice must be given within the 90 days and you must be given at least as much notice as your Employment Agreement requires. Your employer must pay you all money owing, including your holiday pay.

The trial period must be recorded in writing in your employment agreement and signed by you and your employer before you start work.

Since 6 May 2019 trial periods can only be used by businesses that employ fewer than 20 employees. Larger businesses may use a probationary period, but this must also be agreed by both parties before the employee starts and a fair process must be used to terminate employment.

Check that your employment agreement does include a trial period and that it was signed by you both before you started work. If it wasn’t, the employer must go through a fair process and give you fair warning before they dismiss you.

If all is correct, you can’t take a personal grievance in relation to the dismissal. However, you are able to take a personal grievance claim on other grounds such as discrimination, harassment, or to recover unpaid wages.

In all other respects you should be treated the same as any other employee and have the same minimum rights as anybody else.

For more information, come and see us upstairs in Coastlands Shopping Mall or ring 04 298 4944 and we’ll do all we can to help you if you have a problem.