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
Kevin Landry and Annelise Harnanan (summer student) In April 2021, the federal government introduced the draft Retail Payments Activities Act (“RPAA”) as part of Bill C-30, the Act to implement the 2021 federal budget. Under…
Read MoreChristopher Marr, TEP and Level Chan with the assistance of Annelise Harnanan (summer student) On May 20, 2021, the New Brunswick Financial and Consumer Services Commission (“FCNB”) released a revised version of one of its…
Read MoreJennifer Taylor and Bhreagh Ross The Nova Scotia Court of Appeal has overturned a decision that found a Charter right to testamentary freedom. Nova Scotia (Attorney General) v Lawen Estate¹ involved an appeal by…
Read MoreWe are pleased to introduce our new labour and employment podcast, Workplace Issues in Atlantic Canada: A Legal Perspective. In this series, our labour and employment lawyers across the region will discuss hot topics affecting…
Read MoreRick Dunlop and William Wojcik On May 12th, 2021, the Government of Nova Scotia announced in a news release that it is implementing a COVID-19 Paid Sick Leave Program (“Program”) to support workers who must…
Read MoreBrendan Sheridan As Canada begins its economic recovery from the COVID-19 pandemic, immigration is playing an important role. While much of the focus has been on increasing the skilled workforce to fill gaps in the…
Read MoreBrian Johnston, QC, Killian McParland and Bhreagh Ross On April 6, 2021, Stewart McKelvey was advised by the Federal Labour Program that the Labour Program’s Forward Regulatory Plan 2021–23 (“Plan”) is now available and includes details and timing on 21…
Read MoreMark Tector and Bhreagh Ross With vaccine rollout well underway across the country, employers should be aware of legislative changes that entitle employees to paid or unpaid time-off to receive the COVID-19 vaccine. Here are…
Read MoreJennifer Taylor and Bhreagh Ross In the recent Reference re Greenhouse Gas Pollution Pricing Act (“GGPPA Reference”), the judges of the Supreme Court of Canada unanimously agreed that climate change is real and dangerous.…
Read MoreWe are pleased to present the fifth 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 of…
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