As per their pre-election promise the new Government have reopened the 90 Day Trial Period legislation to all employers. As from today (23rd Dec 2023) there is no longer the restriction to companies with only 19 staff or fewer employees. It's worth noting this does NOT change the Immigration NZ (INZ) policy of not being allowed to use a 90 Day Trial Period on migrant workers.
Earlier this month the Ministry of Business, Innovation & Employment (MBIE) released their 'impact statement' citing that between 2015 and 2023 75% of all 90 Day Trial challenges which ended up at the Employment Relations Authority (ERA) went against the employer. The figure for those being settled at mediation and privately would undoubtedly be even higher than that.
We strongly urge employers to double check their processes when implementing and enforcing termination of a 90 Day Trial Period. Please see our
free tools online here to help with this, or contact us.