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Employee probationary period: Court looks to “suitability test” to establish if employer acted in good faith
In the matter of Nagribianko v. Select Wine Merchants Ltd., the appeals court had to determine if the employer had properly and in good faith applied the “suitability test” when it terminated the probationary employee.
The Ontario Superior Court of Justice concluded, in the matter of Bolibruck v Niagara Health System, that there was no constructive dismissal after the employee resigned from her position, claiming she was demoted after 30 years of service.
A recent decision of the British Columbia Supreme Court case (Cotter v. Point Grey Golf and Country Club) confirms that an employer may have cause to terminate an employee whose repeated actions are willfully disobedient and “seriously incompatible with the employee’s duties”. (In PDF)