Employers
Pre-employment trials
Sometimes it is appropriate to ask job applicants to perform tasks as part of the interview process, so you can assess whether they have the skills needed for a job.
If you are asking an Any person, whatever their age, who is employed by an employer to do any work for hire or reward under a ‘contract of service’ (commonly called an ‘employment agreement’).
If you are using assessment tasks, they should not take too long and should genuinely assess an applicant’s ability to do tasks relevant to the job. You should tell applicants in advance about the assessment they will be doing.
There is a risk that the performance of the assessment tasks may be considered employment under some circumstances. This could include situations where it is unclear if the tasks performed were actual work or part of the interview, and/or if the business received financial gain from the tasks performed.
Payment by money or reward (or the creation of such an expectation) makes the performance of the tasks more likely to be viewed as employment. For example, it is acceptable to ask a barista to make 2 or 3 coffees, or a waitress to service a table, but working a whole shift, or even a few hours, would likely be considered employment.
A skill assessment as part of a job interview should not be confused with a An employer may employ a new employee on a trial period of up to 90 calendar days. If the employer dismisses the employee during the trial period, the employee cannot take a personal grievance for unjustified dismissal. Trial periods must be agreed between the employer and employee in a written employment agreement before the employee starts work. A period, usually at the beginning of employment, to assess an employee’s suitability for the job. Probation periods are different to trial periods. Employers must follow the usual dismissal procedure to dismiss an employee during a probation period. A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement.