probationary period
December 12, 2018 Piccolo Heath LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development
Employers who seek to impose more rigorous oversight of new employees and minimize termination obligations to those employees can rely on appropriately drafted probationary limitations in their offers.
employment contract, employment law, Job offer, probation, probationary period, termination
October 25, 2018 Ava Z Moradi, JD Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development
Does an employee have any rights when terminated within the probation period (of 3 months)? This was done after a performance improvement plan was created with warning to employee. The worker was also paid off for 8 weeks with no notice of termination.
discipline, employment law, probationary period, termination
November 23, 2017 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
Reinstatement is the practice of re-installing an employee to his/her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their pre-existing seniority, pension and other benefits.
accommodation, applicant’s disability, common law, discrimination, duty to accommodate, employment law, human rights code, Human Rights Tribunal of Ontario, monetary compensation, probationary period, reinstatement, reinstatement of employment, termination, undue hardship, wrongful dismissal
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
August 24, 2017 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation
Employers generally owe their employees common law reasonable notice upon termination without cause. However, as shown in a recent Ontario Court of Appeal case, Nagribianko v. Select Wine Merchants Ltd, if the parties agree to a probation period in an employment contract, the right to common law reasonable notice can be ousted if the employee is terminated within the probationary period.
common law, common law reasonable notice, dismissing probationary employees, employment contract, employment law, Nagribianko v. Select Wine Merchants Ltd, ontario employment standards act, probation, probation clause, probationary period, termination, termination without cause, termination without 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
July 14, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Penalties and Fines, Recruiting and Hiring, Wages and Compensation
The three popular articles this week on HRinfodesk deal with: A case that explains the meaning of a “probationary” period for an employee; a case that awards employee on fixed-term contract; and an article that looks at current and upcoming minimum wage.
employment law, fixed-term contract, increases minimum wage, minimum wage, probationary period
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
December 5, 2014 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Union Relations
Small to midsize employers, many HR professionals, and many lawyers proceed based upon completely inaccurate understandings of how employment law works. While there are many examples of this, there are three that I see regularly in my practice: the myth that the severance entitlement in Canada is one month per year, regardless of other factors […]
'rule of thumb, 2000, Bardal Factors, common law, constructive dismissal, employment law, employment standards act, Employment Standards legislation, HR professionals, inducement from prior secure employment, Notice of termination, probationary period, reasonable notice, right to lay employees off temporarily, Small to midsize employers, temporary layoff
August 21, 2013 Christina Catenacci Accessibility Standards, Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring, Standard for Employment, Union Relations
The Ontario Superior Court of Justice Divisional Court just quashed the grievance settlement board’s decision that a probationary employee’s termination was arbitrary and discriminatory and granted the application for judicial review. The evidence was clear that the employer’s decision to terminate the probationary employee was neither arbitrary nor discriminatory. In fact, the decision to terminate came after numerous reviews of the employee’s work and conversations about performance concerns.
canadian employment law, concerns about performance, discrimination, discriminatory, documentation, employment law, grievance settlement, HR Law, important to document any performance issues, Job performance, judicial review, Labour Law, Mental illness, performance issues, performance reviews, probabtionary employee, probationary period, reasons for dismissal, standard of review, termination, Termination of a probationary employee, terminations
May 1, 2013 Michele Glassford Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Recruiting and Hiring, Union Relations
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.
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
April 18, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation
The three most viewed articles on HRinfodesk this week deal with how a probation period is an opportunity to demonstrate skills, an employer’s failure to prevent workplace harassment. and a Human Rights Tribunal decision to reinstate a terminated employee after the employer failed to accommodate.
Alberta, Alberta labour arbitrator, damage award, discrimination, duty to accommodate, employee rights, employee with a disability, employment law, employment relationships, Failure to accommodate, Ontario Human Rights Code, Ontario Human Rights Tribunal, Ontario Occupational Health and Safety Act, Probation period, probation periods, probationary period, reinstatement, Workplace discrimination, workplace harassment
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
April 5, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources
Most people assume that they know what a probationary period is and how it works in Canada. Unfortunately, however, there are many misconceptions with respect to the law in this regard, and many employers unknowingly expose themselves to significant liability when they hire new employees.
90 day probationary period, bad faith termination, Cao v. SBLR LLP, Certified General Accountant designation, common-law requirement of reasonable notice, contractual obligation, employment contract, employment law, enforceable contractual provision, fitness for the position, liability, notice of dismissal, offer letter, one month of employment, Ontario Small Claims Court, pay in lieu of notice, performance review, probation, probationary period, record of employment, rights and obligations, termination notice, termination with cause, termination without cause
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