fitness for the position

Most-viewed articles this week on HRinfodesk

April 11, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Privacy and Security, Union Relations, Wages and Compensation

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.

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

Misconceptions of a probationary period can expose employer to liability

April 5, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources

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.

90 day probationary period, bad faith termination, Cao v. SBLR LLP, Certified General Accountant designation, common-law requirement of reasonable notice, contractual obligation, employment contract, employment law, enforceable contractual provision, fitness for the position, liability, notice of dismissal, offer letter, one month of employment, Ontario Small Claims Court, pay in lieu of notice, performance review, probation, probationary period, record of employment, rights and obligations, termination notice, termination with cause, termination without cause