For employees who started around 1 June, the end of a 90-day trial period may be approaching in late August. That makes now a useful time to stop and take stock. Not on day 89, when everyone is suddenly under pressure to make a decision, but while there is still time to have a proper conversation, provide support and see whether concerns can be addressed.
A trial period is designed to give an employer time to assess whether a new employee is suitable for the role. It should not mean leaving them largely to their own devices for three months and then delivering a surprise decision at the end.
First, check whether there is a valid trial period
Do not assume that every new employee is covered simply because the agreement mentions 90 days. A valid trial period must have been agreed and signed before the employee started work. The employee must not have worked for the employer before, and the agreement must contain the required trial-period wording.
Trial periods also cannot be used for migrant workers employed on an Accredited Employer Work Visa. If there is any uncertainty about whether the trial is valid, check before relying on it.
What are the first few months telling you?
Look beyond whether the employee is simply getting through the daily task list. Consider:
Are they meeting the practical and technical requirements of the role?
Are they reliable and communicating appropriately?
How do they respond to feedback, mistakes and changing priorities?
Are they contributing positively to the team?
Have they received the induction, training, equipment and direction they reasonably need?
Are the concerns about capability, conduct, fit, or expectations that were never made clear?
Have the conversation before making the decision
If something is not working, tell the employee clearly. Give practical examples, explain the standard required, and listen to their perspective. There may be a training gap, unclear instruction, a health or personal issue, or a mismatch between what was discussed during recruitment and what the role has become.
Sometimes the conversation confirms that the employment relationship is unlikely to work. Other times, a relatively small reset is all that is needed.
If an employer does decide to end employment under a valid trial provision, notice must be given within the trial period and the notice requirements in the employment agreement must be followed. The final day can fall after the trial has ended, provided notice was given in time.
Trial-period dismissals are technical and mistakes can make the provision unusable. Get advice before acting, especially if there is any doubt about the agreement, start date, immigration status or notice requirements.
