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Thelma French & Associates HR advice & consulting


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.

Thelma has assisted us by providing advice, documentation and ongoing coaching through a recent recruitment process. She gave us many tips that we were not aware of including a checklist for the 90 day trial period. She also provided advice and assistance to formalise the induction process which resulted in our new employee becoming productive and feeling a valued part of the team very quickly.
Director, SME, Auckland
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