Hiring Without a 90-Day Trial Period in New Zealand: What Employers Need to Know
Have you ever hired an employee and wondered if they were really the right fit? Maybe they seemed perfect at first — but a few weeks in, you’re not so sure. That’s where the 90-day trial period in New Zealand can usually help. It gives employers like you a way to manage early hiring risks.
However, if you’re hiring under the Accredited Employer Work Visa (AEWV)or running a business with 20 or more staff, trial periods aren’t allowed. So how do you stay compliant while still making confident hiring decisions?
This blog explains how to navigate New Zealand employment law without trial periods — and how a recruitment agency for New Zealand, such as Staffhouse International Resources, can support you every step of the way.
What Is the 90-Day Trial Period in New Zealand?
The 90-day trial period in New Zealand employment law that allows eligible employers to dismiss a new employee within their first 90 days on the job without facing a personal grievance claim. It’s a valuable tool for many businesses, regardless of staff size. However, it isn’t available to everyone.
Why Some Employers Cannot Use the 90-Day Trial Period
As of October 2023, accredited employers cannot use 90-day trial periods in employment agreements. This rule applies to all roles offered under the Accredited Employer Work Visa. If your job check application includes a trial period, it may be declined.
Even more seriously, including a trial period in AEWV agreements can result in significant consequences—such as the loss of accreditation—whether the breach is found during the job check process or in post-decision audits.
Challenges of Hiring Without a Trial Period
Many New Zealand-based businesses use the 90-day trial period as a safety net during recruitment. Without it, hiring becomes more rigid and potentially riskier. Here’s why:
Less Flexibility in Terminations
Without a valid trial period, dismissing a new employee becomes more complex. Employers must follow proper disciplinary and performance management procedures from the very beginning.
Higher Onboarding Risks
The absence of a trial period increases the pressure to “get it right” from day one. If a hire doesn’t work out, correcting the mistake can be costly in terms of both time and money.
For example, if a technician hired under the AEWV lacks the practical experience they claimed, replacing them isn’t as simple as letting them go and starting over. Employers would need to complete the offboarding process, reapply for a new job check, and wait for another AEWV approval—all while facing project delays and higher recruitment costs.
Greater Demands on Pre-Employment Vetting
Employers must ensure that candidates are qualified, motivated, and a good cultural fit before they even set foot in the office or worksite. That means verifying backgrounds, confirming skills, and making sure candidates fully understand the role.
Otherwise, businesses risk hiring someone who isn’t the right match—and without a trial period, fixing the mistake becomes harder and more expensive.
Best Practices for Hiring Without a Trial Period
Even if you can’t rely on a trial period, you can still hire safely and confidently by following these best practices:
1. Conduct Rigorous Pre-Employment Screening
Use background checks, reference calls, skills assessments, and credential verification to thoroughly vet candidates. This step is especially critical for overseas job hiring in New Zealand.
2. Use Probationary Periods (Where allowed)
Unlike trial periods, probationary periods offer an opportunity for structured performance review and feedback. However, dismissals must still follow a fair and lawful process. Ensure this clause is clearly written in the employment agreement to avoid misunderstandings and potential complaints.
3. Provide Structured Onboarding and Mentoring
A strong onboarding program sets expectations, builds engagement, and reduces early turnover. Assigning a mentor or “buddy” can help new employees integrate more smoothly.
For example, a newly hired nurse could be paired with a senior team member to learn facility protocols, patient care routines, and documentation processes. Having someone they can turn to during their first few weeks helps them adjust more quickly and reduces the likelihood of early mistakes or miscommunication.
4. Set Clear Expectations from Day One
Be explicit about job duties, key performance indicators (KPIs), workplace policies, and performance standards. Include these details in the employment agreement and review them during onboarding.
5. Collect Feedback Regularly
Schedule check-ins during the first 30, 60, and 90 days. Use these conversations to provide support, answer questions, and make course corrections where needed.
What NZ Employers Should Know About Hiring Without a Trial Period
Can employers in New Zealand hire without a 90-day trial period? Yes. Employers can still hire confidently without a trial period by thoroughly vetting candidates, setting clear expectations, and providing strong onboarding from day one.
What should AEWV employers know about trial period rules in NZ? Accredited employers under the AEWV scheme cannot use 90-day trial periods. Including one in the contract may lead to job check rejection or even loss of accreditation.
How can a recruitment agency help when trial periods aren’t allowed? Recruitment agencies like Staffhouse pre-screen candidates, ensure AEWV compliance, and support onboarding—reducing hiring risks when trial periods are not allowed.
How Recruitment Agencies Help Employers in NZ
When you don’t have a trial period to fall back on, partnering with a reliable recruitment agency like Staffhouse becomes even more valuable. Here’s how we can help:
Candidate Vetting Before Deployment
We conduct thorough assessments of each applicant’s experience, training, and motivation before endorsing them to employers. This minimizes mismatches and improves long-term retention.
AEWV Compliance Support
We are well-versed in the AEWV scheme and can guide you through every step—from the job check process to visa approval—ensuring you stay compliant with New Zealand employment law.
Reduced Hiring Risks Without Trial Periods
We help employers find quality overseas talent, set clear expectations, and implement onboarding plans tailored for long-term success—so you don’t need to rely on the 90-day trial period.
Conclusion
Hiring without a 90-day trial period doesn’t have to be a gamble. By combining rigorous candidate screening, structured onboarding, and the support of a trusted recruitment agency for New Zealand, you can hire confidently—even under the AEWV scheme.
