Sentences with phrase «notice during the probationary period»

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.

BC Supreme Court confirms the lower threshold for dismissing an employee without notice during their probationary period.

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.

Not exact matches

Therefore a right to terminate employment with no notice, eg during a probationary period, can be exercised only in the first month of employment.

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.

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.

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.

The contract must state that the employee can be fired for any reason, without pay or notice, during the probationary period.