Revisiting Pound V. iWave: Lessons For Employers

Pound v. iWave, 2017 PECA 17, a recent decision by the Prince Edward Island Court of Appeal, is a cautionary tale for employers about the legal issues that may arise when standard form employment policies are adopted without management fully understanding their obligations to employees in practice.

Background

In this case, the employee agreed to a three-month probationary period when he was hired.  The Company terminated him before the expiration of the probationary period on the basis that his performance did not meet their expectations. The employee then sued the Company for wrongful dismissal.

Trial Decision

At trial, in Pound v. iWave, 2016 PESC 39, the court dealt with two claims: breach of contract of employment and breach of common law employment obligations with respect to a probationary employee.