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Employers now have a welcome boost to their hiring powers with the return of the 90-day trial period.
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The Employment Relations (Trial Periods) Amendment Bill achieved Royal Assent on 21 December 2023, meaning any employer – regardless of their total employee headcount – can use trial period clauses within their employment agreements. Prior to that date, only employers with fewer than 20 employees could utilise this clause.
Trial periods let employers trial an employee and terminate their employment without having to follow a disciplinary process should the trial not work out. BUT be warned the following principles must be adopted for the trial period to be relied upon as a valid right for dismissal:
If you need help in developing a trial period clause for your employment agreements or you’re thinking about having your employment agreements reviewed, please get in touch with our HR teams in Auckland, Hawke’s Bay or Taranaki. It’s considered best practice to have employment agreements reviewed every two years.
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