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Thelma French & Associates HR advice & consulting

90-DAY TRIAL PERIOD – FURTHER REQUIREMENT

Wed Oct. 11th 2017

Many 90-day trial period clauses have a reduced notice period in them which allows you to exit the employee within a shorter timeframe than usual – often 1 week. There has been conflicting advice on whether trial period notice can be paid out in lieu of notice and a recent Authority decision conflicted with an earlier opinion.

What we recommend is to have a “garden leave” clause in your 90-day trial period clause, and then utilise this if you are terminating under a 90-day trial period. Effectively, this means that the person is still employed but not required to attend work, and the final pay is paid out following the end of the “garden leave” or notice period. Any questions please give us a call.


I want to say thank you for the incredible work you have done to bring about a resolution to the dispute I had with my employer. I know I would not have achieved this outcome if it were not for you. I want to thank you also for your kindness and care for me during this whole process. That and your abilities and judgment impressed me so greatly. I can't say how much I admire and respect you and feel blessed that I had you at my side to navigate through the whole process. I would like to tell you also that at a personal level you are the most inspirational woman I have ever met.
Manager, SME, Auckland.
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