90 Day Trial Period Dismissal

A valid trial period can substantially restrict an employee's ability to challenge a dismissal. That makes validity critical. We check the paperwork and the chronology rather than accepting the employer's label.

Core requirements for a trial period

Under the current rules, the trial period must be agreed at the start of employment, cannot exceed 90 calendar days, and can only be used where the employee has not worked for that employer before. The trial terms must be recorded in the employment agreement and the employee must sign the agreement before starting work.

• The employee and employer must agree to the trial period.
• The agreement must identify the trial period and its duration.
• The trial must start from the beginning of employment.
• The employee must not have previously worked for that employer.
• The agreement must be signed before the employee starts work.
• The employee must have a reasonable opportunity to obtain independent advice before signing.

We check the first hour of the first day

Trial-period disputes frequently turn on timing. An employee may have attended induction, completed productive work, worked a shift, performed paid tasks, or otherwise entered employment before the agreement containing the trial provision was signed. If employment had already begun, the trial clause may not be available to the employer.

The employer may describe earlier activity as a “trial shift”, “orientation”, “contracting” or “helping out”. The legal effect depends on what actually happened, not only the label used afterwards.

Notice must be given during the trial period

Even where the trial provision itself is valid, the employer must give notice of dismissal while the trial period is still running and comply with the notice requirements that apply. The employee's final day can fall after the trial period ends if valid notice was given in time.

What a valid trial period changes

If the trial provision is valid and the employer dismisses in accordance with it, the ordinary requirement to establish a fair process and good reason for that dismissal does not apply in the same way. In most cases the employee cannot bring an unjustified dismissal grievance, or an unjustified disadvantage grievance that relates to that dismissal.

A trial period does not erase every employment right. Depending on the facts, other personal grievance grounds and minimum employment standards can still apply.

Reasons we commonly investigate

• You started work before signing.
• You had previously worked for the same employer.
• The trial clause is incomplete or materially defective.
• The employer gave notice after the trial period had expired.
• The contractual notice requirement was not followed.
• You were not given a reasonable chance to obtain independent advice.
• The employer is relying on “probation” language as though it were a statutory trial period.
• Another personal grievance ground may exist even if the trial dismissal itself is protected.

A current 2026 example

Trial period versus probation

They are not interchangeable. A probationary period can be used to assess suitability, but ordinary dismissal protections generally continue to apply. If the employer says you were “on trial”, send us the complete employment agreement so we can identify which regime actually applies.

Probationary Period Dismissal Unfair Dismissal

Frequently asked questions

Can my employer dismiss me on day 90?

Potentially, provided the trial is valid and notice is given while the trial period is still running. The exact dates and notice clause matter.

Can I be dismissed without being told why?

A valid trial period removes some ordinary dismissal protections. However, other employment rights remain and the validity of the trial itself should be checked before assuming there is no claim.

I worked one shift before signing. Does that matter?

It can matter a great deal. Productive work before signing can mean the employee had already worked for the employer before the trial provision took effect.

General information only — every trial-period case turns on the agreement and the chronology.