probationary employee
September 1, 2017 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation
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”).
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
March 14, 2017 Doug MacLeod, MacLeod Law Firm Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation
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.
employment contract, employment law, Ly v. British Columbia (Interior Health Authority), Notice of termination, offer of employment, probation, probationary clause, probationary employee, probationary employee assessment, probationary employee suitability, probationary period, probationary period clause, reasonable notice of termination, termination pay
April 1, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation
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.
employment agreement, employment contract, employment relationship, inducement, probation, probationary employee, probationary employment, probationary period, suitability for permanent employment, termination of employment, testing period
March 31, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation
Three popular articles this week on HRinfodesk deal with three cases: One case looks at the “suitability test” to establish whether the employer acted in good faith; the second case looks at constructive dismissal; and the third case addresses the question of whether employers can terminate disobedient employees for cause.
constructive dismissal, demotion claim, Dismissal, disobedient employee, employer acted in good faith, employment contract, employment law, just cause, Probation period, probationary employee, probationary period, suitability test, termination, termination of probationary employee, terminations
August 22, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll
The three most viewed articles on HRinfodesk this week deal with the duty to accommodate, the termination of a probationary employee and managing employee illnesses.
canadian employment law, discrimination, Employee faked illness, Employee illness, employment law, HR Law, Managing Difficult Terminations, poor performance, probationary employee, termination, terminations, workplace accommodations
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
September 20, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources
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…
Assessment, Dismissal, employment law, HRinfodesk, Job performance, misconduct, Notice of termination, performance review, probation, probationary, probationary employee, psychological health and safety, reasonable notice of termination, terminated without notice, termination, workplace mental health standard, workplace performance
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