13. Trial period

Employee’s have access to personal provisions of the Employment Relations Act (2000) during trial periods. This means all the procedures of dismissal must be adhered to during trial periods.

The following describes the step by step process to conduct a 'three month' trial period. The purpose of this process is to minimise the risk of industrial challenge.

Key Issues

  1. Inform the employee his/her work progress is going to be monitored and if the performance doesn't meet the required standard his/her employment will be terminated. This is clearly stated in the 'Letter of Appointment'. Give the employee the 'Letter of Appointment'. Reinforce this verbally during orientation. Give the employee a copy of the review dates and what the review will entail.
  2. Inform the employee about the type of work he/she will be expected to complete and clearly state the minimum standards that must be met.
  3. Set a schedule for the 'three month' trial period. This will include performance review dates. Where an employee is advised his/her performance is below standard he/she must be given the opportunity, training and the tools, to improve. This must occur before the end of the trial period. Such advice is in effect a warning and is to be delivered verbally and in writing.

If the period selected is in fact three months, the following is an example of an acceptable schedule for reviews. It is organised to identify problem areas and provide the employee with sufficient time to improve before the trial period ends.

Step One

Day 1 Orientation: Take the employee through the job description and describe the standard expected. This will include production targets and quality. Also provide a clear description of the processes involved and checklists.

Step Two

Four weeks after initial starting date: Meet with the employee and review his/her performance. Discuss any areas of concern and be specific (alternatively tell him/her how well they're doing).

Tell the employee they have four weeks in which to improve and another review will be held then. Advise him/her that if there is no improvement you will be terminating his/her employment with notice of one week as per the employment contract. Give either the warning or their praise in writing.

It is a First Warning Letter. If the employee has reached the standard required encourage him/her to maintain the standards and inform him/her of the next review date in fours weeks.

Step Three

Eight weeks after initial starting date: Review work performance again. Revisit the orientation day and meeting one. Point out again the standards required and, if the performance is still not up to standard, try to ascertain where the employee is needing help. Be specific in what to do. Explain that the position is in jeopardy and that if there is no improvement by week eleven the employment will be terminated. Give the warning in writing. It is a Second Warning Letter. If he/she has met the performance standards required remind him/her of the need to maintain standards now and after the trial period. Remind him/her of the next review in three weeks.

Step Four

Eleven weeks into the trial: Review the work performance. If the employee has failed to meet the required standard he/she should be advised verbally and in writing (Termination Letter) that their employment is terminated with one week's notice. It may also say you can give one week's pay in lieu of notice. Please check your employment contract.

It's important to note that termination of employment is advised 'with notice'. If you don't give notice or provide the opportunity for improvement, and if adequate warnings aren't given as stated above within the trial period you have selected, you will be guilty of unjustified dismissal. It's also critical that all events are recorded in writing. If you can't prove the steps that took place, regardless of whether or not you took them, you are in great danger of settling 'out of court'.

The appropriate letters for Trial Period Meetings mirror those of Dismissal Procedures Templates.

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