Whether you are an employer or an employee, we can assist you with your general employment matters and in particular, those noted below.
Both employers and employees need to ensure that they have an employment agreement that reflects the agreement and expectations of each party, and we can assist with the drafting of the agreement to achieve this. As an employee, you are able to obtain independent legal advice prior to signing an agreement, and as employment lawyers, we would be happy to provide advice at that stage to ensure that the agreement reflects the arrangement you have negotiated with your employer and to provide protection and security for the future.
The introduction of the 90-day trial period has made significant changes for both employers and new employees, and we can provide advice as to the requirements and implications throughout the trial period and on its expiry. An employer may employ you on a trial period of up to 90 calendar days. Here are some things you should keep in mind about trial periods:
You can only agree to a trial period if you have not been previously employed by the employer.
Trial periods must be entered into by mutual agreement, and you should not be forced into being employed on a trial period.
Trial periods must be agreed to in writing.
Your employment agreement needs to state that during the trial period the employer may dismiss you, and you will not be able to take a personal grievance on the ground of unjustified dismissal.
You may still pursue a personal grievance on other grounds in the Employment Relations Act 2000, such as sexual or racial harassment, or if the employer does something that unjustifiably disadvantages you.
Mediation services are still available to you and your employer.
What a 90 Day Trial Period is Not
It is not a “three month” trial. It is not a trial of 90 working days.
It is not an ill-defined “probationary” period, “until we think you’re ready”. A 90-day trial must be for 90 calendar days, or a specified lesser number of days.
A 90 day trial does not allow you to be an unreasonable employer. The provision will allow you to dismiss an employee within the trial period, without following a full dismissal process but employees can still bring other kinds of personal grievances ( allegations of discrimination or harassment).
If a 90 day trial period clause is correctly drafted, and used properly, most employers will benefit from including a 90 day trial period in standard employment agreements. The clause means you can take on someone who you might have a few questions about, but who you believe could be a great employee.
We can provide advice to both employers and employees with regards to employment matters that arise during the employment period, including performance reviews and how to structure these, disciplinary process and how to make or process a complaint, how to make or respond to a personal grievance claim, health and safety matters, parental leave, and how to manage the redundancy process.
Not all employee – employer relationships are lifelong and there may be an occasion the employment agreement needs to be dissolved. As lawyers that specialise in employment law, we can advise on how either party may terminate an employment agreement, and provide advice and assistance with the redundancy process if required.