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Probation

Probation clause could not be relied on where employment offer rescinded

Jurisdiction: - British Columbia
Sector: - Media

In Buchanan v. Introjunction Ltd., 2017 BCSC 1002, the BC Supreme Court ruled that a defendant could not rely on a probation clause to justify early termination where the offer of employment was rescinded after the contract was entered into, but before the official first day of employment. The court found that the probation clause had not yet taken effect as employment had not started. Additionally, there was no means for the employer to have assessed the employee’s performance and terminated them for lack of suitability. The court awarded the plaintiff damages of six weeks’ salary. 

"The Wrongful Dismissal Manual"

Fraser Milner Casgrain LLP has published "The Wrongful Dismissal Manual" (October 2009), which is "designed to provide employers with guidance on the general statutoryand common law principles applicable whenever an employee's employment is terminated in Canada's four main business jurisdictions: British Columbia, Alberta, Ontario and Quebec."

"Dismissing the Probationary and Short-term Employee"

Jurisdiction: - British Columbia

Vancouver lawyers Catherine Keri and Simon Kent, with the assistance of Jason Ellis, have written a paper on "Dismissing the Probationary and Short-term Employee: Has the Court recognized the imbalance of power or have judges simply gone to far?" (July 2007). See also the link below.

Among other cases, it addresses the BC Court of Appeal's decision in Jadot v. Concert Industries Ltd., 1997 CanLII 4137 (BC C.A.), which is a leading decision on the standard imposed in law for the dismissal of a probationary employees.

Can a "professional" have his/her notice entitlement limited to that in the BC Employment Standards Act?

Jurisdiction: - British Columbia
Sector: - Education

Mr. Wong, a chartered accountant, was hired by UBC in a newly created position of Controller, commencing on September 3, 2002.

The letter confirming his employment stated that the terms and conditions of his employment would be those found in two agreements that UBC had entered into with the Association of Administrative and Professional Staff. One of these agreements contained the following terms in relation to notice:

An employee terminated during the probationary period for reasons other than just cause shall receive notice or pay in lieu of notice in accordance with the provision of the Employment Standards Act.

UBC ended up not implementing Wong's position and thus his employment was terminated just under 7 months later. UBC took the position that, in accordance with the employment contract, it was required to provide him with only 1 week's pay. However, "out of courtesy", it had paid him 1 month's salary.  read more »

The legal standard for dismissal of a probationary employee

Jurisdiction: - British Columbia
Sector: - Manufacturing

What is the standard for dismissal of a probationary employee? In Jadot v. Concert Industries Ltd., 1997 CanLII 4137 (BC C.A.), the BC Court of Appeal made the following observations:

The standard for dismissal of a regular employee is just cause; for a probationary employee the standard is suitability: see Pathak v. Royal Bank, 1996 CanLII 2130 (BC C.A.)...In this case, Concert Industries dismissed the appellant because its officers concluded that the appellant was not a suitable candidate for long-term employment.  read more »