Employers currently have the right to include in an employment agreement with a new staff member a Trial Period, which can be for up to 90 days. However, the inclusion of a Trial Period has to be agreed on by both the employer and the employee, and it must form part of the written employment contract.

Because of this, it is of vital importance that employers ensure they have a signed employment agreement with an employee before they start any work if they want to make sure they have the rights of the Trial Period.

The usefulness of a Trial Period for an employer is that during the Trial Period the employer will have the ability to dismiss the employee where they do not appear to be the right fit for the job.

However, it should be carefully remembered that if you are an employer and you are wishing to dismiss an employee during a Trial Period, you must still act in good faith in terms of the process.