Probation in the employment context is generally understood as a
period during which the employee's suitability for continued
employment is assessed. Some employers mistakenly believe that a
probation clause in an employment contract allows them to terminate
a probationary employee during the probation period for any reason
without notice or other obligation. Unfortunately, that is not the
case in British Columbia.
Good faith assessment of suitability
While an employer need not establish just cause to terminate a
probationary employee, an employer would need to show that it
undertook a good faith assessment of the probationary
employee's suitability for continued employment.
In Ly v. British Columbia, 2017 BCSC No. 43, the Court
confirmed that in assessing whether an employer has acted in good
faith, the Court will consider the employer's conduct in
assessing the employee's suitability for continued employment
in light of various factors, including:
