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BON VOYAGE MIKE!
Regretfully we say good bye to Mike
Kemps who
leaves this month to travel to Ethiopia, when he
returns he will be joining his father’s practice
doing commercial law. We have all enjoyed working
with Mike and wish him all the best.
90 DAY
TRIAL PERIOD
1. What are the trial periods?
Trial periods are designed to allow employers who take on new staff to be able to terminate the employment relationship within 90 days of the commencement of the employee’s position. An employee is not entitled to bring a personal grievance for unjustified dismissal if his/her employment was terminated during this time.
2. Who does this apply to?
Only employers who have 19 or fewer employees are able to offer trial periods. The trial period can only apply to new employees and the trial period must be agreed to by both parties.
3. Employers
In order to be able to incorporate the trial period into your employment agreements you need to employ 19 or fewer employees. A trial period with a new employee must be agreed to in writing and negotiated in good faith as part of the employment agreement. The written employment agreement must be signed by both parties at the start of the employment relationship. It is important to note that an employee can only be placed on a trial period once during his/her employment. If an employer does decide to terminate the employment relationship, notice must be given to the employee during the trial period. However, the notice period can extend beyond the 90 days.
4. Employees
Trial periods can only apply to new employees. A trial period is voluntary and you are able to negotiate the terms of trial period as part of the contract negotiations before you enter into your employment relationship. You don’t have to agree to unreasonable conditions. If your employment is terminated during the trial period and you feel the reasons given are unfair or discriminatory, you may still be able to bring a grievance against your employer.
5. General points for employers and employees
 Both parties must bargain in a fair way about the proposed trial period.
There is an onus on the employer to consider and respond to any issues
raised
by the new employee.
If an employee agrees to a trial period it does not affect his/her
entitlements to leave.
An employer and employee can only agree to a trial period once. This
means that if an employee, having completed a trial period, terminates
the employment relationship and then is reemployed, he/she cannot
be placed on a trial period again.
The advantage of implementing such a system for both employers and employees is that it allows small businesses to give employees who would not normally be hired, a chance.
Implementing such a system can be a very positive step for both parties, however it is important that everyone is aware of their rights and obligations. As such, we encourage you to contact
us to discuss any questions you may have.
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Winter
2009