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.
Statutory notice period
The Nova Scotia Labour Standards Code provides minimum
standards for required notice when an employer terminates without
cause. Other provinces have similar legislation. Section 72 of the
Code sets out required notice periods based on the length of
employment, but there is no minimum notice period for an employee
whose length of employment is less than three months. The law
requires that an employer must notify the employee in writing and
on a date that is
