Being dismissed under a 90 day trial period doesn't always mean your employer acted lawfully. A trial period must meet strict legal requirements to be valid — and many don't.
Find out if your dismissal was lawful
The 90 day trial period provision allows employers to dismiss new employees within the first 90 days of employment without the employee being able to raise a personal grievance for unjustified dismissal. However, this provision comes with strict legal requirements that must be met for the trial period to be valid.
If your employer has failed to comply with any of these requirements, the trial period may be unenforceable — meaning you could still have the right to raise a personal grievance despite being dismissed within 90 days.
Even where a valid trial period exists, your employer must still act in good faith and cannot use the trial period as a shield to discriminate against you or dismiss you for unlawful reasons.
Many 90 day trial dismissals are successfully challenged because the trial period was not correctly included in the employment agreement before the employee started work, or the agreement was not signed in time.
Get a free assessmentWe scrutinise the validity of your trial period and explore every available avenue to protect your rights.
We carefully review your employment agreement and the circumstances of your dismissal to assess whether the trial period was validly established.
Even within a trial period, you may have grounds for a grievance on other bases such as discrimination or breach of good faith.
We can negotiate with your former employer on your behalf to reach a resolution, even where formal grievance rights are limited.
Time limits still apply. We provide urgent advice to ensure you don't miss any deadlines that could affect your options.
Where we identify a valid claim, we pursue the best possible outcome including lost wages and compensation.
We keep you informed throughout the process and are available to answer your questions at every stage.
Here is what happens when you come to us after a 90 day trial dismissal.
Time limits may still apply. Contact us as soon as possible after your dismissal so we can advise you on your options.
We review your employment agreement, offer letter, and any correspondence to assess the validity of the trial period.
We give you a clear and honest assessment of whether you have viable grounds to challenge the dismissal.
If grounds exist, we raise a formal personal grievance with your employer on your behalf.
We represent you through mediation or direct negotiation to reach the best possible outcome.
We work to secure compensation, a reference, or other remedies appropriate to your circumstances.
The 90 day trial period is a significant limitation on employee rights, but it is not absolute. Understanding the boundaries is key.
The trial period clause must be in your employment agreement and signed before you start work. If you signed after your first day, the clause may be invalid.
Trial periods can only apply to employees who have not previously been employed by that employer. If you've worked for them before, the clause may not apply.
Even within a valid trial period, your employer cannot dismiss you for discriminatory reasons such as pregnancy, religion, ethnicity, or disability.
Your employer must still provide the notice period specified in your agreement when dismissing you under a trial period.
If you have grounds to challenge the dismissal, you must still raise a personal grievance within 90 days of the dismissal.
Many trial period dismissals are successfully challenged. Contact us for a free review of your agreement and circumstances before giving up on your claim.
Don't assume you have no recourse. Contact us today for a free review of your situation — many trial period dismissals are successfully challenged.