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probationary employees

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

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | < 1 Minutes Read July 24, 2014

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with a discipline process instead of termination; accommodating a probationary employee; and employer-provided vehicles.

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Employment Standards, Human Rights, Payroll / accommodate a probationary employee, Damage to employer property, Disability, discipline, discipline process, discrimination, duty to accommodate, employee's action warranted termination, Employer-provided vehicles, employment law, Newsletter, probationary employees, Taxable benefits, termination for cause, two-week suspension, workplace accommodation

By Michele Glassford | 2 Minutes Read May 1, 2013

Fairness for probationary employees?

The recent decision by an Ontario Small Claims Court (Cao v. SBLR LLP) , even though only at the small claims court level and unlikely to set any legal precedent, is nevertheless a reminder to employers and employees alike that we often tend to assume things about the law which are not true, only to be surprised by the facts when an aggrieved employee decides to challenge an employer’s action.

Article by Michele Glassford / Employee Relations, Employment Standards, Union Relations / Cao v. SBLR LLP, common law notice, employment contract, employment standards act, fitness for the job, just cause, Notice of termination, Ontario Small Claims Cour, policies and practices dealing with employment contracts, policies and procedures, probationary employees, probationary period, reasonable notice, suitable for the job, terminated "at will", termination, terminations, terms and conditions of employment, the doctrine of "just cause", three months of employment

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