Atlantic Employers’ Counsel – Spring 2015
Hello! We are very pleased to be the new Atlantic Employers’ Counsel (AEC) editors. We look forward to bringing you what we hope you will find to be interesting articles and we welcome your feedback.
To celebrate our inaugural edition, we thought probationary employees was an appropriate theme. And who better to write on that topic than four of Stewart McKelvey’s up-and-coming associates (with thanks as well to articled clerk, soon-to-join-us-as-an-associate in the Labour & Employment group, Dante Manna).
Avoiding the “long-haul” begins with the agreement
It all starts with the agreement.
Probationary periods are a useful tool for employers assessing the suitability of new hires.
Generally, a valid agreement setting out a probationary period allows the employer to dismiss an employee during the probationary period without meeting the high threshold of just cause.
Well, what did you expect? Setting expectations for probationary employees
Hiring employees on a probationary basis allows employers to ensure they hire the right people. While implementing trial periods for new employees has many advantages, employers should be aware of key rules applying to probationary employees to avoid potential costly liability should the relationship not work out.
Is the duty to accommodate less onerous for probationary employees? Possibly…
A recent case from the Alberta Court of Appeal considered this question in the context of an employee with Asperger’s syndrome working at a call centre but, unfortunately, did not provide a definitive answer. Although the decision suggests that the duty to accommodate can be less onerous for probationary and short service employees, the threshold for establishing undue hardship is onerous and is always judged on a case by case basis.
How to dismiss so it’s not amiss – termination guidelines for probationary employees
Dismissing a short-term probationary employee can be a risky proposition, with expensive consequences if not done properly. Where just cause exists, the employee can be terminated with minimal risk that compensation will be awarded. However, in probationary employment, the decision to terminate is not always based on just cause. Instead it may be based on other considerations such as whether certain performance goals were met. This article focuses on how to terminate without just cause.
Archive
By Sara Espinal Henao Immigration, Refugees and Citizenship Canada (“IRCC”) has announced a promising new temporary measure that allows foreign workers to study for a longer duration without a study permit, opening the door for…
Read MoreBy Brendan Sheridan The Government of Canada recently announced a number of aggressive immigration measures to help attract top talent to Canada in high-growth industries in an effort to fuel innovation and drive emerging technologies.…
Read MoreBy Daniela Bassan, K.C. All stakeholders in the legal profession, including litigators, have a shared interest in promoting environmental, social, and governance (ESG) pathways towards building a greener society. It is crucial for litigators to…
Read MoreBy Kimberly Bungay and Colton Smith Since June of 2019, corporations formed under the Canada Business Corporations Act have been required to prepare and maintain a register of individuals with significant control (an “ISC Register”).…
Read MoreBy Kim Walsh and Olivia Bungay Compliance with Russian sanctions goes beyond complying with Canada’s Russia Regulations. Canadian individuals and businesses may be unaware of several other sanctions regimes that apply to them. In conjunction…
Read MoreBy David Randell, Robert Grant, K.C., Sadira Jan, and James Gamblin On June 14, 2023, the Province of Nova Scotia released the first of three modules (the “Module”) which will comprise the Nova Scotia Offshore…
Read MoreBy: Joe Thorne, Giles Ayers, and Jayna Green Introduction Prior to June 1, 2023, decisions made by municipal town councils in Newfoundland and Labrador could be appealed to one of four Regional Appeal Boards pursuant…
Read MoreBy Kim Walsh and Olivia Bungay Canadian sanctions targeting Russia in relation to Russia’s ongoing invasion of Ukraine were significantly expanded over the past year. Critical to compliance with Canada’s sanctions targeting Russia, individuals and…
Read MoreBy Kim Walsh and Olivia Bungay Canadian sanctions targeting Russia in relation to Russia’s ongoing invasion of Ukraine were significantly expanded over the past year. The Special Economic Measures (Russia) Regulations impose sanctions on individuals…
Read MoreDavid Randell, Sadira Jan, Robert Grant, K.C., Greg Moores, G. John Samms, and James Gamblin The recent tabling of federal legislation is an important step for offshore wind development in the offshore areas of Nova…
Read More