probationary employee

Update on probationary clauses from Ontario Court of Appeal

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”).

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Probationary period clause gets employer into hot water

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.

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Interpretation and enforcement of probationary periods in employment contracts

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.

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Three popular articles this week on HRinfodesk

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.

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Most-viewed articles this week on HRinfodesk

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.

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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.

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Most-viewed articles this week on HRinfodesk

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…

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