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Probationary period clause gets employer into hot water

Including a probationary period clause in an employment contract is not a good idea unless your organization is prepared to assess the suitability of the employee during the probationary period. Failure to do so can result in your organization being ordered to provide a probationary employee with common law reasonable notice of termination. This blog discusses one such case.

 

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Interpretation and enforcement of probationary periods in employment contracts

When hiring a new employee, employers will often characterize the first several months of employment as a “probationary period”, the purpose of which is generally to give both parties an opportunity to assess whether the employee is a good fit for the workplace.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with human rights due diligence; using employee pictures; and, dismissing an employee even before they start working for you.

 

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Misconceptions of a probationary period can expose employer to liability

Most people assume that they know what a probationary period is and how it works in Canada. Unfortunately, however, there are many misconceptions with respect to the law in this regard, and many employers unknowingly expose themselves to significant liability when they hire new employees.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles in this week HRinfodesk newsletter deals with assessing a probationary employee, dismissing an employee based on a serious misconduct and the upcoming workplace mental health standard…

 

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