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ARTICLE · 07 APRIL 2017

The Utility Of Probationary Periods Called Into Question By Recent BCSC Decision

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A new British Columbia Supreme Court decision calls into question whether probationary periods will provide the flexibility and protections they are intended to address. In Ly v. Interior Health Authority...

CanadaEmployment and HR
Jennifer Fantini
Jennifer Fantini
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A new British Columbia Supreme Court decision calls into question whether probationary periods will provide the flexibility and protections they are intended to address. In Ly v. Interior Health Authority, 2017 BCSC 42, the Court concluded that a probationary term contained in the plaintiff's employment contract was valid and enforceable. However, the Court went on to find that the defendant Interior Health Authority had failed to meet its obligation to carry out a good faith assessment of Mr. Ly's suitability for continued employment. Therefore, Mr. Ly was awarded damages in lieu of reasonable notice.

The Probationary Term

Mr. Ly commenced work with the Interior Health Authority on November 6, 2014 as the Manager of Quality and Patient Safety and Client Experience. Prior to commencing employment, he signed an offer letter that included the following provision:

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