90-Day Trials

90-day trials are a useful tool – but make sure you use them correctly

There are various criteria for 90-day employment trials – we’ll keep you on the right side of the law

90-day trials are a useful tool for employers with 19 or fewer employees. It gives you the ability to fully assess an employee’s skills and aptitude, without committing to their long-term employment if they don’t live up to expectations.

Did you know that the employment trials can be shorter than 90 days?

Even though they’re often referred to as 90-day trials, the trial period can be for a shorter duration of time of your choosing. But the exact time period needs to be clearly stated in the Employment Agreement.

Beware of the many legalities around 90-day trials

There are numerous legalities an employer needs to implement to take advantage of 90-day trials. If you don’t follow the exact processes and requirements, your organisation is at risk of a personal grievance claim. Here is a brief outline of just a few of the requirements:
  • The work trial must be specified in the Employment Agreement.
  • The Employee Agreement must be signed before the employee starts work
  • There must be a specified notice period in the Employment contract.
  • Both the employer and employee must act in good faith (and the law defines exactly what this means).

Also, just because an employee is on a 90-day employment trial doesn’t mean other employer responsibilities can be avoided. Employers still have the same responsibility to the worker on a trial period of employment as to other employees.

Terminating an employee during a 90-day trial period

Employers wishing to terminate an employee during a trial period often don’t realise the process is not as straightforward as one may think.
If you have a situation where your new employee is not meeting your expectations and you’re not sure how to manage either the next steps or the termination process, please contact us to ensure you have guidance on correct and compliant processes for management of the situation.

“ConsultingHQ has assisted Furtex with HR services for a number of years now. They assist with HR issues that arise from time to time, including employment agreements, and are always available to help as required with advice. ConsultingHQ provides an honest, proactive sounding board for me and my management team on HR and management issues.”

Ben Heath, Furtex

“ConsultingHQ has assisted Furtex with HR services for a number of years now. They assist with HR issues that arise from time to time, including employment agreements, and are always available to help as required with advice. ConsultingHQ provides an honest, proactive sounding board for me and my management team on HR and management issues.”

Ben Heath, Furtex 

Do you need help with 90-day trials?

Find out what your requirements and obligations are – and get customised help and advice.
Find out how we can help you: simply send us your details, and you’ll hear from one of our friendly HR advisors within 1 to 2 business days.
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