Human Rights Considerations When Dismissing Probationary Employees

Employers often rely on probationary periods when dismissing new employees who are not a good "fit" for their organization. But can probationary employees be dismissed for any reason? A recent decision from the BC Human Rights Tribunal provides a valuable reminder that human rights obligations apply to all employees, including probationary employees.

Facts

The Complainant was hired as a car salesperson at the Respondent car dealership, and was subject to a three-month probationary period. The Complainant had weekly meetings with the General Manager, and daily meetings with the Sales Manager, where the importance of learning the Respondent's sales method was emphasized to the Complainant. The General Manager testified that the Complainant continued to have issues learning and memorizing the sales method, and his performance suffered. Notes from one of the meetings indicated that the General Manager warned the Complainant that if he did not have the sales method