Chris McIvor

Blog Bite: What rights does an employee have if they’ve been deemed "unsuitable" for permanent employment during the probationary period?

December 21, 2017

This article posted on our partner site explains the decision of Nagribianko v. Select Wine Merchants Ltd. where an employer terminated an employee during the probationary period on the grounds that he was “unsuitable” and provided the appropriate notice.

The employee tried to seek damages for the termination, but his claim was rejected. In agreement with the employer, the Ontario Court of Appeal provided clarification on factors that an employer must consider if they intend to rely on a probationary clause in an employment contract to terminate without cause or notice. It is an important case because it shows that an employer is certainly within their rights to make a good faith determination that an employee is “unsuitable” for permanent employment which will be recognized by the law.

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