In Langford v Carson Air Ltd., the B.C. Supreme Court considered an employer's ability to dismiss an employee without
notice during the probationary period, and offered some guidance on the actual purpose of a probationary period.
However, a well - drafted termination clause, including a clause setting out the terms of
termination during a probationary period, would be more helpful and allow for less interpretation by the courts.
The Divisional Court reversed the lower court's decision, holding that Mr. Nagribianko was not entitled to reasonable notice because he was
dismissed during his probationary period after receiving a reasonable opportunity to demonstrate his suitability for the position.
At common law, as long as a probationary employee is given a fair opportunity to demonstrate his or her suitability for long - term employment, an employer will be able to terminate the employee's employment at any
time during the probationary period without providing reasonable notice or damages in lieu.
First, it needed to argue that school districts had perfect
information during the probationary period, so that whenever any ineffective teacher got tenure, it was the fault of school district leadership, not the law.
It stated that the status of a probationary employee has «acquired a clear meaning at common law», enabling an employer to terminate an employee without common law notice
during the probationary period if the employer makes a good faith determination that the employee is unsuitable for the position.
In Nagribianko v. Select Wine Merchants Ltd., the Ontario Court of Appeal examined the enforceability of probationary clauses and ultimately concluded that if parties to an employment contract agree to a probationary period, the right to common law reasonable notice can be rebutted where the employee is
terminated during the probationary period.
The Divisional Court recognized that while the employment relationship is unstable and
tentative during the probationary period, the employer must nonetheless ensure that it extends the employee a fair opportunity to demonstrate his or her suitability for permanent employment.
Recognizing that an employer has an obligation to act in good
faith during the probationary period the judge found that «it would be most unjust to impose a reduced obligation for severance without any corresponding obligation of the employer to assess in good faith Mr. DeGagne's suitability for the position during an actual probationary period of employment.»
Keep good notes of everything that
occurs during a probationary period, especially if there are any indicators the employer is not acting fairly, or if you were not provided a fair opportunity to demonstrate your ability.
However, if you do receive additional similar
citations during the probationary period, the offense, along with the new one, will be assessed against your record and any accompanying insurance increases or court fines will be placed against you.
When a judge allows a person to have deferred adjudication he is really postponing finding the person guilty of the offense and if you are never found guilty, due to not getting another
ticket during your probationary period usually, than your ticket would be dismissed.
Trained all incoming employees and monitored performance increase during probationary period
Any subsequent finding of a violation of the Code of
Ethics during the probationary period may, at the discretion of the Board of Directors, result in the imposition of the suspended discipline.
Qualifying income can not be income
derived during probationary periods and must accompany proof of employment such as letters, recent pay stubs, notice of assessments (NOA) or TI Generals.
Absent any subsequent findings of a
violation during the probationary period, both the probationary status and the suspended discipline are considered fulfilled, and the member's record will reflect the fulfillment.
Even more importantly, the new law requires that
during his probationary period he must «successfully complete a school leadership program, approved by the State Board of Education, offered at a public or private institution of higher education in the state.»
During the probationary period, an employee may be terminated for failing to meet the requirements of the position.
During her probationary period, on 3 August, Easy Car decided to dismiss her for poor performance, work ethic and emotional volatility.
The contract must state that the employee can be fired for any reason, without pay or notice,
during the probationary period.
The employer dismissed
her during the probationary period on the basis that she was «not suitable».
During your probationary period, we will help you abide by the rules of your probation and avoid any complications.