The 90-day trial period
As of 1 April 2011, the 90-day trial period under section 67A and 67B of the Act will be available to all employers, rather than just those with under 20 employees at the time of hiring.
An employee may not raise a personal grievance in respect of a dismissal that occurs during the 90-day period, providing that the trial period has been correctly entered into.
Of course, the employee may commence a personal grievance in respect of any of the other grounds set out in section 103(1)(b) to (g) of the Act.
The employer and the employee must agree to the trial period, prior to the employee commencing employment. The 90-day trial period is only open to “new” employees. If you have commenced work prior to signing the agreement, then the 90 day trial period will not apply, and the employer may not rely on that period to dismiss you.
