Terminating A Probationary Employee? Not So Fast…

The recent decision of Pound v. iWave, 2016 PESC 39 (CanLII), is a good reminder for employers of the requirements to dismiss an employee during a probationary period. 

In this case, the Employee accepted a written offer of employment on various terms.  The offer also stipulated:

Your employment will be probationary for the first 3 months. The purpose of this probationary period is to assess your skills, performance and your ability to work in harmony with others in the organization, and to take appropriate action to ensure the company's success.

The Employee was terminated two weeks before the end of the probationary period and brought an action for wrongful dismissal against the Employer.  A number of issues were considered at trial including whether the Employer fulfilled its common law obligation with respect to a probationary employee?