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Atlantic Employers’ Counsel – Spring 2015

The Editors’ Corner

Michelle Black and Sean Kelly

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).

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Avoiding the “long-haul” begins with the agreement

Chad Sullivan

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.

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Well, what did you expect? Setting expectations for probationary employees

Philip Milley

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.

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Is the duty to accommodate less onerous for probationary employees? Possibly…

Timothy Bell 

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.

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How to dismiss so it’s not amiss – termination guidelines for probationary employees

Sydney Blackmore

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.

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Digital Charter Implementation Act, 2020: The long-awaited overhaul of private sector privacy legislation in Canada

November 20, 2020

Koren Thomson and Sarah Byrne On November 17, 2020, the Digital Charter Implementation Act, 2020 (“Act”) was introduced as Bill C-11. This is the first major update to the federal private sector privacy regime in…

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Federal Pay Equity Regulations published in draft – key takeaways

November 20, 2020

Jennifer Thompson The Federal Government has released draft Regulations under the Pay Equity Act (“the Act”), almost 11 months after the Act received Royal Assent. The Act, which is not yet in force, makes significant…

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What steps must employers take to hire a foreign worker?

November 16, 2020

Kathleen Leighton Employers often wonder what steps they need to take to hire international talent, including what support they must provide to enable a foreign worker to obtain proper work authorization in Canada. This is…

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How to improve your Express Entry score

October 30, 2020

Kathleen Leighton Express Entry system Express Entry is a system that enables skilled foreign nationals who are looking to settle in Canada indefinitely to apply for permanent residency status. This system prioritizes individuals who are…

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COVID-19: Federal government announces continuing package of pandemic supports

October 29, 2020

Katharine Mack The federal government has recently announced a series of changes to be made to benefit programs rolled out in response to the COVID-19 pandemic. The extension or expansion of these benefits and support…

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Federal work place harassment and violence prevention regulations

October 26, 2020

Chad Sullivan and Kathleen Nash In late June 2020, the Federal Government released the official version of the new Work Place Harassment and Violence Prevention Regulations¹ (“Regulations”) along with Bill C-65, the federal anti-harassment and…

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Canada’s bid to attract entrepreneurs: the Start-up Visa Program

October 16, 2020

Sara Espinal Henao Canada wants entrepreneurs. With a strong and stable economy, world leading growth opportunities across industries, and a highly educated workforce, it is a great place to build a dynamic business that can…

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The million dollar question: is an employee entitled to a post-termination bonus payment?

October 9, 2020

Killian McParland Earlier today, the Supreme Court of Canada released a new decision with significant implications for employers in Matthews v. Ocean Nutrition Canada Ltd. While the underlying case came out of Nova Scotia, it…

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The boomerang that won’t come back – Court of Appeal confirms that parties must each bring their own motions for summary judgment

September 25, 2020

Chad Sullivan and Kathleen Nash In a recent decision from the New Brunswick Court of Appeal, Abrams v RTO Asset Management, 2020 NBCA 57, the court clarified the procedure for seeking summary judgment and addresses…

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The limits of open work permits

September 23, 2020

Kathleen Leighton In Canada, foreign nationals have various options to obtain either “employer-specific” or “open” work permits – we discuss this distinction in greater detail here. Open work permits can be obtained by individuals in…

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