90-day trial periods are in the spotlight again

Posted by on 11 October 2016 | 0 Comments


In a recent determination from the Employment Relations Authority four early childcare teachers successfully argued that the trial period clause in their employment agreement was not valid as the clause did not expressly state the date the trial period would commence. The Employment Relations Act requires employment agreements contain specific wording regarding the 90-day trial provision including words to the effect that the trial period is “…starting at the beginning of the employee’s employment…”. The Authority Member found that the trial period clause in this case did not reasonably imply that the 90 days started on the first day the teachers started work for Lighthouse ECE Ltd

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