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Difference between revisions of "Employment Law Issues (9:V)"
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Employment Law Issues (9:V) (view source)
Revision as of 21:26, 27 September 2022
, 21:26, 27 September 2022→8. Probationary Employees
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In British Columbia, there is a developing judicial trend towards extending the right to be treated fairly to probationary employees. The test in British Columbia for terminating probationary employees is that of suitability, not just cause, as set forth in ''Jadot v Concert Industries'', [1997] BCJ No 2403 (BCCA), https://canlii.ca/t/1dzdh. In determining suitability, the case of ''Geller v Sable Resources Ltd'', 2012 BCSC 1861, explained that the probationary employee must be given a chance to meet the standards that the employer set out when the employee was hired; the employer cannot begin imposing new standards afterwards. | In British Columbia, there is a developing judicial trend towards extending the right to be treated fairly to probationary employees. The test in British Columbia for terminating probationary employees is that of suitability, not just cause, as set forth in ''Jadot v Concert Industries'', [1997] BCJ No 2403 (BCCA), https://canlii.ca/t/1dzdh. In determining suitability, the case of ''Geller v Sable Resources Ltd'', 2012 BCSC 1861, explained that the probationary employee must be given a chance to meet the standards that the employer set out when the employee was hired; the employer cannot begin imposing new standards afterwards. | ||
In ''Ly v. British Columbia (Interior Health Authority)'', 2017 BCSC 42, the Court held that if a company wants to fire an employee on probation, it should give the employee a fair chance to prove they can do the job. Otherwise, it may owe severance. To give an employee a fair chance to prove they can do the job, | In ''Ly v. British Columbia (Interior Health Authority)'', 2017 BCSC 42, the Court held that if a company wants to fire an employee on probation, it should give the employee a fair chance to prove they can do the job. Otherwise, it may owe severance. To give an employee a fair chance to prove they can do the job, employers should: | ||
# Make the employee aware of how | # Make the employee aware of how they will be assessed during the probation period. | ||
# Give the employee a reasonable chance to demonstrate their suitability. | # Give the employee a reasonable chance to demonstrate their suitability. | ||
# Think about the employees suitability based not only on work performance but also on personal characteristics such as compatibility and reliability. | # Think about the employees suitability based not only on work performance but also on personal characteristics such as compatibility and reliability. | ||