90 Day Trial Period Slip Up

A Tasman hairdressing salon was caught out recently over a 90 day trial period.

The salon was approached by a hairdresser and asked if they had any work. The owners thought they may have some part time work and so decided to give her a go. Before making any commitment they first wanted to check that she could actually cut hair. They set up a couple of models and she cut their hair satisfactorily. The salon paid her for those cuts. They subsequently made her an employment offer, with a 90 day trial period.  The hairdresser responded with some changes to the agreement, including the deletion of the 90 day trial saying that she had already done her trial with them and so the 90 day trial in the agreement was not legal. The salon owners disputed this and sought advice.  Who was right?

The employee was correct.

 As she was paid for the haircuts she performed in the initial trial she was effectively ‘an employee’ of the salon.  The 90 day trial can only be applied to employees who have not been employed by the employer before.

If she had not been paid for the haircuts in the initial trial the 90 day trial could have been applied.