Advice on how to use trial period legislation

by | Aug 30, 2016 | Disciplinary & Dismissal

This week, we have some advice on what to do if you find yourself in the unfortunate position of needing to end an employment relationship under the trial period legislation.

Many employment issues that have developed into serious employment problems, could have been avoided by taking a ‘no surprises’ approach to communicating with your team regularly. If things aren’t working out with a new employee, on a 90 day trial, you first need to speak to them about your concerns, confirm your expectations for the role and provide support.

If there is a performance “gap” you should meet regularly (fortnightly).  However if the employee is not grasping the role, It’s important that you have a courageous conversation long before you get to the point of ending the employment relationship. If you wait until day 89 of a 90 day trial period, your employee will be understandably upset and the risk of them raising a personal grievance will be significantly increased.

If do find yourself in the unfortunately position of needing to end an employment relationship under the trial period legislation, you need to:

  • Ensure the relevant clause is in writing in their employment agreement
  • Ensure the employment agreement is signed before the employee starts work

We have everything you need to help manage those tough decisions. Don’t be nervous about discipline and grievance issues. Just be fair, consistent and ensure you have legally compliant tools in place. Let HRtookit show you how.

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