Employment Relations Act 2000

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
  • not the latest version
67A When employment agreement may contain provision for trial period for 90 days or less


An employment agreement containing a trial provision, as defined in subsection (2), may be entered into by an employee, as defined in subsection (3), and an employer.


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


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


during that period the employer may dismiss the employee; and


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


Employee means an employee who has not been previously employed by the employer.




To avoid doubt, a trial provision may be included in an employment agreement under section 61(1)(a), but subject to section 61(1)(b).

Section 67A: inserted, on 1 March 2009, by section 7 of the Employment Relations Amendment Act 2008 (2008 No 106).

Section 67A(1): amended, on 1 April 2011, by section 13(1) of the Employment Relations Amendment Act 2010 (2010 No 125).

Section 67A(4): repealed, on 1 April 2011, by section 13(2) of the Employment Relations Amendment Act 2010 (2010 No 125).

Section 67A(5): replaced, on 6 March 2015, by section 21 of the Employment Relations Amendment Act 2014 (2014 No 61).