All employers may hire a new employee on a trial period lasting up to 90 days. The purpose of the 90-day trial provision is to ensure that the new employee is the right fit for the company and vice versa, and should it not work out, an employee cannot raise a valid personal grievance. If an employee has been dismissed with reference to a 90-day trial period, the employee should check to ensure that the 90-day trial period was valid.
For a trial period to be valid, it must be part of the employment agreement before the employee performs any work for the employer and it must have been agreed to in good faith with the parties. An individual cannot be on a trial period if they have previously been employed by the same employer.
In some instances, such as where an employee is a union member and the collective agreement prohibits 90-day trial periods, it cannot be a term of the employment agreement.
Employees on valid trial periods are entitled to all minimum employment rights and responsibilities, such as the obligation for employers and employees to deal with each other in good faith, or worker protections in relation to pay, conditions, leave entitlements, and health and safety.
A 90-day trial period does not prevent an employee from raising a personal grievance for reasons other than their dismissal such as discrimination, bullying or harassment, unjustifiable disadvantage.
However, inappropriate or incorrect application of a 90-day trial period can render it invalid and could potentially give way for a personal grievance. Should you suspect that your trial period has not been applied correctly by your employer – please contact us. We offer a no-obligation conversation to explore how we may assist you.
