A personal grievance free period of 90 days for those employees initially hired on a trial period has been passed. Important aspects of the legislation are:
It commences 01 March 2009 and applies to employment agreements entered into on, or after, that date.
It only applies to employers with less than 20 employees as at the date of entering into the agreement.
It only applies if the trial period is for 90 days or less.
It must be agreed with the employee in good faith, written in their employment agreement, and specific issues must be covered.
A trial period clause can be agreed with employees whose other conditions are set out in a collective employment agreement, provided the trial period clause is not inconsistent with that collective agreement.
An employee cannot take a claim for unjustified dismissal. Claims can still be made for other personal grievance grounds, human rights complaints, and health and safety complaints.