Employment Relations Amendment Act 2018

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
  • Corrections have been made to section 2(a)(v) and the Schedule on 13 December 2018 under section 25(1)(j)(iii) & (v) of the Legislation Act 2012.

Part 2 Other amendments

Amendments to Part 6 (individual employees’ terms and conditions of employment)

36 Section 67A replaced (When employment agreement may contain provision for trial period for 90 days or less)

Replace section 67A with:

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


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.


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—


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 small-to-medium-sized employer may dismiss the employee; and


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.