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.