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probationary employee

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 Doug MacLeod, MacLeod Law Firm | 3 Minutes Read March 14, 2017

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.

Article by Doug MacLeod, MacLeod Law Firm / Employee Relations, Employment Standards, Payroll / 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

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read April 1, 2016

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.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll / employment agreement, employment contract, employment relationship, inducement, probation, probationary employee, probationary employment, probationary period, suitability for permanent employment, termination of employment, testing period

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