NEW ZEALAND ONLY.
My apologies if this has been posted previously. I’m reviewing an employment contract with a dodgy probation clause sent to me by a potential employer. In my experience, this seems to be a common issue with employment contracts, so I wanted to bring some attention to the practice.
Disclaimer: I’m not an unemployment lawyer; this is just based on what I’ve read online.
There are several issues associated with the practice, but this appears to be the main one:
Probation periods only apply to small-to-medium-sized employers. “Small-to-medium-sized employer means an employer who employs fewer than 20 employees at the beginning of the day on which the employment agreement is entered into.”
Have a good read of any contracts sent to you and if you’re unsure, seek advice! Citizens Advice Bureau is a great resource.
https://www.cab.org.nz/article/KB00000519
https://www.legislation.govt.nz/act/public/2000/0024/latest/DLM1867204.html