Get the 90-day trial right!

Yet another case has highlighted the importance of getting the detail of your 90-day trial clause right in Employment Agreements. In this case, the Authority concluded the 90-day trial clause in the Employment Agreement could not be relied upon claim because it was incorrectly drafted. The clause referred to a trial period of three months rather than a “period not exceeding 90 days” as specified in the legislation. It also didn’t refer to the protections in the legislation. So even though the employer was complying with the understanding, they were in the wrong! $5,000 and three months pay can be substantial.

If you have any doubts about the way your 90-day trial clause is worded (or any other clauses in your employment agreement), let us know and we can review your existing agreement or provide you with a new one. The costs of not getting it right can be significant!

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