Does an employer have to pay an employee to work a trial shift or trial period?

• Sometimes an employer will request a potential employee to attend a trial when they are being considered for a job. The trial must only be to determine whether someone is suitable for the job and not for personal or business gain by the employer.
• A work trial can be unpaid if:

• it is only to demonstrate a potential employee’s skills for the position they have applied for;
• the duration is only as long as is necessary to demonstrate the skills required for the position depending on the complexity of the role and could vary from one hour to one shift; and
• the potential employee must be supervised for the duration of the trial.

• As an example if the trial is for a wait staff position at a café one hour might an appropriate period for the potential employee to demonstrate their skills. However a five-hour shift could be considered unreasonable and the potential employee should be paid for the entire shift.
• If an employer is concerned about the suitability of a potential employee they could consider hiring them as a casual employee with a probation period.