The common belief is that a 90-day trial means your employer can sack you for any reason at any time with zero comeback. The reality is narrower than that: the trial lets an employer end your employment within the first 90 days without you raising a personal grievance for unjustified dismissal, but only if it was agreed in writing before you started, and only if that employer has fewer than 20 employees.
This matters a lot if you are going into your first job, or your first job in a while, because the trial period gets talked about like some kind of trap. It is not nothing, but it is also not the blank cheque people assume.
Does every employer get to use a 90-day trial?
No. Only employers with fewer than 20 employees can use the 90-day trial period, and it has to be written into your employment agreement and signed before your first day, not slipped in after you start.
Source: Trial periods
If you are applying to a bigger company and someone mentions a 90-day trial, it is worth asking directly whether they actually qualify to use one, or whether they mean a standard probation review instead, which works differently.
Can they fire you for literally anything during the trial?
The belief here is that the trial removes all your rights. The reality is you still keep other protections. A dismissal during a trial cannot be used to dodge discrimination claims, and you are still entitled to be treated in good faith, paid correctly, and given your legal minimums the whole time you are employed.
Source: Trial periods
What the trial does remove is your ability to raise a personal grievance specifically for unjustified dismissal, provided the clause was valid. That is a real gap, but it is a narrow one, not a free pass to breach every other right you have.
Does the trial mean no sick leave or annual leave builds up?
Some people think the first 90 days do not count toward anything. That is not right. Time worked during a trial period still counts, you are simply not protected from a no-reasons dismissal during it if the clause applies to your situation.
Your entitlement to 10 days of sick leave kicks in after six months of continuous employment, and annual leave of four weeks lands after 12 months, regardless of whether you started on a trial or not.
Source: Sick leave
- Trial periods only apply to employers with under 20 staff
- The clause must be signed before your first day, not after
- You keep other employment rights during the trial
- Time worked still counts toward leave entitlements later
- You can still ask questions about pay, hours, and conditions
- A trial is not the same as a fixed-term or casual contract
Key takeaways
- A 90-day trial only applies if your employer has fewer than 20 employees and it was agreed in writing beforehand.
- It limits your ability to raise an unjustified dismissal grievance, it does not remove all your workplace rights.
- Sick leave and annual leave timelines are not affected by being on a trial.
- If you are unsure whether your employer qualifies to use one, it is fair to ask before you sign.
Frequently asked questions
Can I ask to remove the 90-day trial clause before signing?
Yes, employment agreements are negotiable before you sign them. If you are not comfortable with the clause, you can raise it, though a smaller employer may be firm about wanting it in place.
Does a trial period affect my pay rate?
No, your pay must still meet at least the minimum wage, currently $23.95 an hour for adults or $19.16 for the starting-out rate where that applies, regardless of trial status.
Source: Minimum wage
What happens if I am dismissed during my trial?
Your employer still needs to follow the agreement's notice terms and pay you correctly for time worked. What changes is your ability to claim unjustified dismissal through a personal grievance, assuming the clause was valid.
Can casual or part-time workers be put on a trial too?
Yes, the trial period can apply to any new employee as long as the employer qualifies by size and the clause is agreed in writing before the person starts work, regardless of whether the role is full-time, part-time, or casual.
If you are heading into interviews and want to walk in ready for whatever comes up about trials, probation, or pay, the Interview Questions tool gives you ten likely questions and answers for your exact role before you go in.