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dismissing probationary employees

By Jeff Dutton, Dutton Employment Law | 2 Minutes Read August 24, 2017

Ontario Court of Appeal enforces simple probation clause

Employers generally owe their employees common law reasonable notice upon termination without cause. However, as shown in a recent Ontario Court of Appeal case, Nagribianko v. Select Wine Merchants Ltd, if the parties agree to a probation period in an employment contract, the right to common law reasonable notice can be ousted if the employee is terminated within the probationary period.

Article by Jeff Dutton, Dutton Employment Law / Employee Relations, Employment Standards, Payroll / common law, common law reasonable notice, dismissing probationary employees, employment contract, employment law, Nagribianko v. Select Wine Merchants Ltd, ontario employment standards act, probation, probation clause, probationary period, termination, termination without cause, termination without notice

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | < 1 Minutes Read April 11, 2013

Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with the court calling into question the termination without notice of a probationary employee, how the law around references is changing and how a mistake in a contract led to constructive dismissal.

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Employment Standards, Payroll, Privacy, Union Relations / Cao v. SBLR LLP, constructive dismissal, dismissed without any notice of termination, dismissing probationary employees, Employee performance, employer references, employment contract, employment law, fitness for the position, hours of work, no termination notice, Ontario Labour Relations Board, Ontario Small Claims Court, overtime, overtime hours worked, overtime pay, performance reviews, Probation period, probationary employee, probationary period, termination notice, unpaid wages, wrongful dismissal

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