The 90-day trial period: your rights in your first three months

Under a trial period, your employer can dismiss you within the first 90 days without the usual fair process, and in most cases you can’t bring a personal grievance for unjustified dismissal. That’s why the law sets strict conditions.

The conditions

• It lasts no more than 90 calendar days from the start of your employment.
• You haven’t worked for that employer before.
• It’s agreed by both of you and written into your employment agreement, which you sign before you start work.
• The agreement says you can be dismissed during the trial and that you generally can’t raise a personal grievance about it.
• It isn’t allowed if a collective agreement covering you rules it out.

Your rights during the trial

You must be paid and treated like any other employee. If you’re dismissed, your employer must still give the notice in your agreement (or reasonable notice) and act in good faith. You may be able to raise a personal grievance if proper notice wasn’t given, you started work before signing, you had no reasonable chance to get independent advice on the agreement, or the agreement doesn’t include the trial period.

Trial period or probationary period?

A probationary period is different. It has no set length and can be used for a new role with the same employer, but a dismissal needs the usual fair process.

What about a paid trial shift first?

A trial period only applies to someone who hasn’t worked for the employer before. So if you did paid work for them first, such as a paid trial shift, a later 90-day trial period may not be valid. This is our reading of the official conditions, not a ruling. Get advice on your own situation.