Atlantic Employers’ Counsel – Spring 2015
Hello! We are very pleased to be the new Atlantic Employers’ Counsel (AEC) editors. We look forward to bringing you what we hope you will find to be interesting articles and we welcome your feedback.
To celebrate our inaugural edition, we thought probationary employees was an appropriate theme. And who better to write on that topic than four of Stewart McKelvey’s up-and-coming associates (with thanks as well to articled clerk, soon-to-join-us-as-an-associate in the Labour & Employment group, Dante Manna).
Avoiding the “long-haul” begins with the agreement
It all starts with the agreement.
Probationary periods are a useful tool for employers assessing the suitability of new hires.
Generally, a valid agreement setting out a probationary period allows the employer to dismiss an employee during the probationary period without meeting the high threshold of just cause.
Well, what did you expect? Setting expectations for probationary employees
Hiring employees on a probationary basis allows employers to ensure they hire the right people. While implementing trial periods for new employees has many advantages, employers should be aware of key rules applying to probationary employees to avoid potential costly liability should the relationship not work out.
Is the duty to accommodate less onerous for probationary employees? Possibly…
A recent case from the Alberta Court of Appeal considered this question in the context of an employee with Asperger’s syndrome working at a call centre but, unfortunately, did not provide a definitive answer. Although the decision suggests that the duty to accommodate can be less onerous for probationary and short service employees, the threshold for establishing undue hardship is onerous and is always judged on a case by case basis.
How to dismiss so it’s not amiss – termination guidelines for probationary employees
Dismissing a short-term probationary employee can be a risky proposition, with expensive consequences if not done properly. Where just cause exists, the employee can be terminated with minimal risk that compensation will be awarded. However, in probationary employment, the decision to terminate is not always based on just cause. Instead it may be based on other considerations such as whether certain performance goals were met. This article focuses on how to terminate without just cause.
Archive
In the second episode of our labour and employment podcast, Workplace Issues in Atlantic Canada: A Legal Perspective, host and practice group leader Rick Dunlop speaks with Annie Gray and Dante Manna about the Federal…
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Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 08 Nancy Rubin, QC and Jennifer Taylor More than ever, many of our meetings, classes, presentations and personal communications are happening virtually. With this…
Read MoreErin Best and Giles Ayers Earlier today the Supreme Court of Canada released a unanimous decision in Corner Brook (City) v. Bailey. The case was successfully argued by Erin Best and Giles Ayers of…
Read MoreJoe Thorne, with the assistance of Stuart Wallace (summer student) In a bankruptcy, there is inevitable conflict between all manner of creditors with competing claims. Our federal and provincial legislatures have identified certain claims as…
Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 08 Lara Greenough In the recent decision of Longueépée v University of Waterloo, 2020 ONCA 830, the Ontario Court of Appeal found the University of…
Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 08 Sheila Mecking and Evan MacKnight More than a year has passed since the Coronavirus disease (“COVID-19”) arrived in Atlantic Canada and caused all in-person…
Read MoreAnnie Gray and Dante Manna The federal government has announced that the Pay Equity Act (“Act”) will come into force on August 31, 2021. It has also published the final version of the Pay Equity Regulations (“Regulations”), to come into effect on the…
Read MoreSara Espinal Henao Nova Scotia is thriving. Having reached an all-time population high of 979,115 in 2020 and established itself as a start-up center and a top location for businesses, the province is poised for…
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