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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 have known Thelma French for around 20 years, mainly as a business colleague working in the media industry. Thelma has worked in a number of organisations in the time I have known her and is someone who has truly evolved and developed as she has risen to meet the challenges. Thelma is someone who is very highly principled and who has at the core of her character an unwavering commitment to integrity and equity. She is unique in that she balances those elements of her character with innate warmth and an enormous sense of fun. She is someone who can be relied upon in any situation and provides strength and support to those around her.
CEO, Corporate, Auckland
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