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
We are pleased to present the sixth installment of Beyond the border, a publication aimed at providing the latest information to clients about new programs and other immigration-related information that may be pertinent to employers…
Read MoreLara Greenough and Sheila Mecking Board members, directors, committee members, employees and anyone acting for a regulatory body or under its governing legislation, all have the obligation to act and make decisions in good faith.…
Read MoreWe are pleased to present the eighth issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. With COVID-19 vaccines rolling out across the country, a renewed sense of hope is…
Read MoreDante Manna with the assistance of Kali Robertson (summer student) The Nova Scotia Government recently released regulations reassigning the authority for administering financial hardship unlocking in the province. Effective July 1, 2021, individuals will apply directly…
Read MoreBrittany Trafford The Canadian borders have been restricted for over a year now and many families have struggled with being separated. Throughout 2020 and early 2021 restrictions have fluctuated as the federal government tried to…
Read MoreHarold Smith, QC with the assistance of Matthew Raske (summer student) A recent labour arbitration decision, Unifor Local 64 and Corner Brook Pulp and Paper Limited, shows how the permissibility of drug and alcohol testing continues…
Read MoreBrittany Trafford Last week the Maritime provinces announced various re-opening plans based on vaccine trajectories, with Newfoundland and Labrador making an announcement today¹. These plans address, among other things, who will be able to enter…
Read More*Last updated: May 31, 2021 (Originally published April 1, 2020) Kathleen Leighton Due to the COVID-19 pandemic, there are various implications for the immigration world, including for those already in Canada, as well as those…
Read MoreKatharine Mack Premier Ian Rankin and Chief Medical Officer of Health Dr. Robert Strang provided details on Nova Scotia’s reopening plan this afternoon. The Province’s plan has a total of 5 phases. Phase 1, which focuses…
Read MoreChad Sullivan A recent labour arbitration decision (Canadian Broadcasting Corp. and Canadian Media Guild (Khan), Re, 2021 CanLII 761) provides another example of how privacy law continues to evolve and can directly impact the outcome…
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