You Raise The Issue - Terminating Probationary Workers And Overtime Pay On Salary

Terminating Probationary Workers

Question: Our organization has hired a number of employees on a probationary basis. Under what circumstances can we terminate their employment without giving them notice?

Answer: The Alberta Court of Appeal recently considered the circumstances in which an employer would be justified to dismiss a probationary employee. An employer need only establish the following:

• it had given the probationary employee a reasonable opportunity to demonstrate his suitability for the job;
• it decided that the employee was not suitable; and
• the decision was based on an honest, fair and reasonable assessment of the employee's suitability, including not only job skills and performance, but character, judgment, compatibility, reliability and future with the employer.