67A When employment agreement may contain provision for trial period for 90 days or less

(1)

An employment agreement containing a trial provision may be entered into by a small-to-medium-sized employer and an employee who has not previously been employed by the small-to-medium-sized employer.

(2)

For the purposes of this section and section 67B,—

small-to-medium-sized employer means an employer who employs fewer than 20 employees at the beginning of the day on which the employment agreement is entered into

trial provision means a written provision in an employment agreement that states, or is to the effect, that—

(a)

for a specified period (not exceeding 90 days), starting at the beginning of the employee’s employment, the employee is to serve a trial period; and

(b)

during that period, the small-to-medium-sized employer may dismiss the employee; and

(c)

if the small-to-medium-sized employer does so, the employee is not entitled to bring a personal grievance or other legal proceedings in respect of the dismissal.

Section 67A: replaced, on 6 May 2019, by section 36 of the Employment Relations Amendment Act 2018 (2018 No 53).