90-day Trial – yet again!

Our Courts have come up with another curly one – your 90-day trial will not be effective unless you have told your employee when it starts!  Apparently it is not automatically the day they start work, so the wording of the clause must include something that applies the trial period.  E.g. “You will be employed initially ...” or “A 90-day trial period will apply from the commencement date ...”.  But, no, you cannot schedule it to start later than an actual start of work date!

However, pre-employment tests need not amount to employment and need not invalidate a 90-day trial.  For this, the test must not result in a contribution to the company’s business (such as requiring the full attention of someone supervising the test) and the offer of employment must only come after the test is completed.

If you need any help drafting a clause I have a number that may suit you.

Need help managing staff?

Mike has a wealth of experience advising on every aspect of the employer-employee relationship. I can give you per-phone guidance or work along side you to make things happen.

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