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90 Day Trial Period Legislation is a Mess

90 Day Trial Period Legislation is a Mess

Last night the government announced it will be extending the current 90 day trial period legislation to apply to all workplaces. This means a new employee can be dismissed for no reason within the first 90 days of employment.

The current law applies only to businesses with less than 20 employees, and John Key hails it as a resounding success. Max Whitehead, Managing Director of The Whitehead Group, has a contrary view. “This law is a mess. We field calls nearly every day from employees who have no idea why they were sacked. They are absolutely devastated, and it’s not just the young. This is affecting mums and dads who have forfeited good jobs on the promise of better things”.

Whitehead agrees that the Personal Grievance system needs to be reviewed but says the 90 day trial period legislation is extreme, brutal and draconian. He believes employees must be allowed to contest the fairness and reasonableness of their demise in a speedy, cost effective manner.

He says there is much confusion concerning the 90 day trial period legislation, and on Monday will be filing an appeal to the court asking what this legislation means. Clarification may take months or even years.

“Mr Key is wrong. Trial periods are far from a resounding success, “says Whitehead. “In our society even murderers get a say before they’re convicted, so why are employers allowed to execute a dismissal without reason or explanation? It’s like saying if you don’t like somebody within 90 days the law will allow you to impose poverty on them with no reason or recourse. Is this what our society wants?


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