Probationary Employees

It is clear that the test for just cause for dismissal is different in the case of a probationary employee than in the case of a full-time non-probationary employee. An employer has the right to terminate a probationary employee without notice or severance where the employer can establish that it acted fairly and with reasonable diligence in determining whether or not the proposed employee was suitable in the job for which he or she was being tested. So long as the probationary employee is given a reasonable opportunity to demonstrate his or her ability to meet the standards the employer sets out at the time of hiring, including the ability of the person to work in harmony with others, his or her potential usefulness to the employer in the future and other factors deemed by the employer to be essential to the viable performance of the position, then the employee has no complaint in law.

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