Employment trial period of up to 90 days

A partner may continue to meet their work obligations if their employment agreement includes an employment trial period. This is assessed the same as any other employment.

Employment agreements, signed by the employer and employee, can include an employment trial period of up to 90 days.

Features of an employment trial:

• an employment trial may be offered by an employer regardless of the number of employees a business has and
• an employer may terminate the employment agreement during a trial at any time before the end of the employment trial period even if the last day of work occurs after the expiry of the employment trial period and
• an employer is not required to provide a reason for ending the employment trial if the notice of termination was given before the employment trial period ended and
• an employee cannot generally bring a personal grievance against the employer in respect of the ending of their employment during the employment trial period

The partner can still challenge the ending of their employment agreement including on the grounds of:

• discrimination or
• sexual harassment or
• racial harassment or
• duress imposed by the employer in relation to a client's union affiliations or not as the case may be

For more information about when a client's employment ceases before the end of the employment trial see: