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probationary clauses

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read September 1, 2017

Update on probationary clauses from Ontario Court of Appeal

Recently, the Ontario Court of Appeal affirmed that the probationary clause, which provided, simply, “Probation...six months”, was enforceable, and that the employee was not entitled to anything more than the one week of pay in lieu of notice of dismissal pursuant to the Ontario Employment Standards Act, 2000 (“ESA”).

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll, Union Relations / common law entitlement, common law reasonable notice, employment agreement, employment law, employment relationship, employment standards act, entitlements on termination, Ontario Court of Appeal, pay in lieu of notice, probationary clause, probationary clauses, probationary employee, probationary period, reasonable notice

By Stringer LLP | 3 Minutes Read March 21, 2017

Probationary clauses: A double-edged sword for employers

Many employers find it necessary to assess new employees’ performance on the job before making a final determination about whether an individual is suitable for a position. In the absence of an express term in an employment contract, employees in Canada are entitled to reasonable notice of termination at common law when they are dismissed without just cause. Many employers put terms in their employment contracts, such as probationary clauses, which limit this entitlement. However, employers may not always be clear on the implications of such clauses.

Article by Stringer LLP / Employee Relations, Employment Standards, Payroll / dismissed without just cause, employment contract, employment law, Ly v. British Columbia (Interior Health Authority), probationary, probationary clauses, probationary employees, reasonable notice, termination, wrongful dismissal damages

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