90 Day Trial Query

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BTR

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#210589 3-Apr-2017 10:52

Not this isn't your typical i've been sacked and can they do this query. Its actually the other way around. If you are the employee in a 90 day trial can you simply up and leave or do you need to wait our you leaving period i.e. 4 weeks if its in your contract?

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#1753641 3-Apr-2017 11:37

It is the employer who is doing the trial. You are obliged too observe the notice period in the contract.

Some employers if they believe you are going to work for a competitor or will act to compromise the company during your notice period will put you on garden leave. This is where they pay you but stop you from coming in to work during your notice period.

Obsequious hypocrite

cadman

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#1754873 3-Apr-2017 16:34

As above - you need to give the notice in your employment contract. Also, you should always make sure that any employment contract which contains an enforcible trial period clause carries a notice period, if the employer elects to dismiss you during the trial period, equal to that which you're required to give.

dafman

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#1754875 3-Apr-2017 16:38

ObidiahSlope:

It is the employer who is doing the trial. You are obliged too observe the notice period in the contract.

Some employers if they believe you are going to work for a competitor or will act to compromise the company during your notice period will put you on garden leave. This is where they pay you but stop you from coming in to work during your notice period.

Not quite right. We employ staff on 90 day trial and the one week notice period applies to both employer and employee during the trial period. After that, the normal notice period will apply. This is specified in the employment contract. I'm not sure what the law is if the contract is silent on the 90 day trial period.

xpd

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#1756104 4-Apr-2017 08:57

I'm in this exact situation at the moment - if its not mentioned in your contract, you both just come to some agreement. Most companies will want at least a week.

My contract had it for them letting me go, but not the other way round.

XPD / Gavin

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sxz

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#1756127 4-Apr-2017 09:49

Look at your contract.

But practically - if you are not worried about burning bridges - what are they going to do if you just leave? I doubt many employers would bother trying to recover damages from you for breaching your obligation to give notice. Even if they did - it would be hard for them to calculate those damages.

Coil

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#1756143 4-Apr-2017 09:56

I was put on a 6 month trial when i was "promoted" and then in on the job training. Long story short many promises and a run around for myself being told lies from the boss.

5 months and 29 days into the trial and no promises met, I terminated my contract on the spot.
It depends what you agreed to on your contract. Only that will answer your question. But most of the time you also have the right to terminate your contract with no prior notification. As I did.
Might have torched a bridge there.

This also raises a question for me. According to the below page i was an employee who had already passed a trial then was put on another for another role in the same company.

http://www.workplacelaw.co.nz/WHATS+NEW/July+2011/90+Day+Trial+Clause.html

"- The 90 day trial only applies to new employees, so if the employee has been an employee of the company at some earlier time, or if the employee started work before signing the agreement containing the 90 day clause, the trial period will be ineffective."

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BTR

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#1756149 4-Apr-2017 10:04

Yes it appears the 90 day trial is for the employers benefit only and any employee on a 90 day trial still has to follow their contract regarding resignation. I think the law needs to be looked at and if 90 day trials are to stay make them fair to both sides.

An employee stuck in a horrible situation on a 90 day trial should be able to quit without repercussions of the employer withholding pay.

Coil

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#1756155 4-Apr-2017 10:09

BTR:

Yes it appears the 90 day trial is for the employers benefit only and any employee on a 90 day trial still has to follow their contract regarding resignation. I think the law needs to be looked at and if 90 day trials are to stay make them fair to both sides.

An employee stuck in a horrible situation on a 90 day trial should be able to quit without repercussions of the employer withholding pay.

The employee cant lodge a grievance or unfair dismissal claim in that time which is slightly unfair but very sure they can terminate without notice but no payout. I recall all my contracts having equal employee rights of termination as the employer and i exercised them for that role i spoke of above.

If the employer terminates the contract, is the remainder of the 90 day trial is to be paid to the employee unless it was dismissal for poor conduct?

andrewNZ

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#1756170 4-Apr-2017 10:34

TimA:
The employee cant lodge a grievance or unfair dismissal claim in that time which is slightly unfair

That's not entirely true.
I remember a case when these first became legal. Basically a girl was hired to work in a small shop, after a short time, the owners went on holiday for a month or two, when they came back, they terminated the trial saying it wasn't working out.
The girl won a claim based on the fact there was never a permanent job on offer.

Coil

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#1756175 4-Apr-2017 10:40

andrewNZ:
TimA:

The employee cant lodge a grievance or unfair dismissal claim in that time which is slightly unfair

That's not entirely true.
I remember a case when these first became legal. Basically a girl was hired to work in a small shop, after a short time, the owners went on holiday for a month or two, when they came back, they terminated the trial saying it wasn't working out.
The girl won a claim based on the fact there was never a permanent job on offer.

Yep that is a fair claim there and we can understand why but in normal circumstances of employment unless your dismissed due to discrimination you have no comeback.

A friend lost a company due to him employing a "Male barber" but ended up with a female who identifies as a male.

Only to find out after the fact of employment and discussing how that was not appropriate with his client base and outside of the job terms they took him to employment court and he was foreclosed. This was with in a 90 day trial.

Geese

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#1757226 5-Apr-2017 18:53

What I would like to know is, if I work at a chain store in one town, then later apply for a job within same company at another branch, does 90 day trial still apply?

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JimmyH

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#1757245 5-Apr-2017 19:29

BTR:

Yes it appears the 90 day trial is for the employers benefit only and any employee on a 90 day trial still has to follow their contract regarding resignation. I think the law needs to be looked at and if 90 day trials are to stay make them fair to both sides.

An employee stuck in a horrible situation on a 90 day trial should be able to quit without repercussions of the employer withholding pay.

If you didn't think the terms of the contract they offered you were fair, why on earth did you sign it? Did you even consider asking them to amend that provision before you signed?

I always read contracts (employment or otherwise) before I sign, and have successfully sough amendments to employment contracts (permanent and fixed) before signing. As long as you aren't being silly about what you are asking for, most employers will be pretty reasonable as well in my experience.

If the contract is oppressive and they won't budge then it doesn't bode well for the ongoing employment relationship, and it's probably best to pass on signing.

pom532

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#1757259 5-Apr-2017 20:16

I know of someone who used the 90-day rule to leave their employer after finding better work

darylblake

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#1757261 5-Apr-2017 20:22

To be honest. Its dependant on the contract. This has nothing to do with the 90 day trial rule what so ever. And in most cases, most employers still managed to screw that up.

If you don't like a role you have taken, why don't you just go and talk to them. Tell them why you are unhappy. Maybe they will let you leave tomorrow. I think you should just balls up and communicate. Whats the worst you could happen, they make a few changes and the role becomes your dream job?

networkn

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#1757285 5-Apr-2017 21:53

What people complaining about 90 day trials and how it's unfair to the employee don't seem to understand is that for almost every single business, it's staff is it's biggest asset. If a staff member is good, you wouldn't let them go for love nor money. Sure, there are Aholes around, but then there are crappy employees too. in 18 years I've let one staff member go during their first 90 days, and it HAD to be done (he was lying, was entirely incompetent and faked almost his entire CV. Replacing staff has a MASSIVE cost in most cases. I would say it takes a new staff member 6 months minimum to become completely settled in a role, learn the clients etc. You will find the very odd employer trying it on, but that was happening long before the 90 day trial period was formalized.

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