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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 90 day trial period must be in writing, in the employment agreement.

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.

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