• A trial period can only apply if the employee has never previously worked for you in any capacity.  If they have previously worked for you (even as a casual) the trial period cannot be included. 
• The trial period must be included in the Individual Employment Agreement you provide to your employee.  This must be signed by yourself and your employee and this must be completed prior to the employee commencing work with you.   
• The trial period can be up to 90 calendar days long.  By agreement by both parties the trial period can be for a shorter period of time. 
• Even though you can dismiss your employee during the trial period, I recommend that you incorporate robust induction, training and performance management practices into your onboarding programme to support the success of your employment relationship with your employee.
• An employee is not entitled to bring a personal grievance against you if dismissed within the 90-day trial period unless this grievance is related to a HR issue such as bullying or discrimination.
• If you dismiss your employee during their trial period you are required to give them their full notice period outlined in their Individual Employment Agreement.
• If an employee is a union member employed on a collective agreement, the trial period must be consistent with the collective agreement.
• Employees on work visas may not be eligible for the trial period and its recommended you seek advice regarding their employment.

You can visit Employment NZ for more advice on trial periods and Employment Agreements. 

PN Personnel can provide your business with dedicated HR support and guidance in this area. Contact me for a confidential discussion.