Probationary Periods – Are they Legal in Canada?

Probationary periods in employment… for  something seeming so simple,  they still cause a lot of confusion, and employees and employers alike are frequently mistaken about the legality of probationary periods and how they apply to the non-unionized worker. Employees who are terminated during probationary periods often accept their lot without ever receiving legal advice, while employers often terminate ‘probationary’ employees without providing any compensation, only to be surprised by a demand letter or civil action claiming wrongful dismissal.

So where do these challenges come from? And how can they be remedied?

probation

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Bartering and Bitcoins: The Legality of Alternative Wage Payments

Trading services is as old as commerce itself, but in a modern economy such as Canada it has largely faded away with the rise of currencies, central governments and tax codes. That being said, while cliches of exchanging labour for a bed and a meal may no longer be commonplace, alternative payment models continue to exist. A simple example could include a pizzeria paying a cook with a large pepperoni thin crust in exchange for staying an hour late.

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Non-Union Federal Employees Score Historic Win in Supreme Court Case

In what will no doubt be one of the most impactful employment law cases of the year, the Supreme Court of Canada in Wilson v. Atomic Energy of Canada, 2016 SCC 29 has found that federally regulated employers cannot, absent economic reasons, terminate a non-unionized employee without just cause. The decision appears to have settled a debate that has been ongoing for nearly 40 years as to whether the “unjust dismissal” provisions of the Canada Labour Code preclude an employer from terminating an employee, even if common law severance is provided. Continue reading “Non-Union Federal Employees Score Historic Win in Supreme Court Case”

Making a Manager

I have defended many companies before the Employment Standards Branch (“ESB”), and without fail, one of the most frustrating (and potentially costly) complaints for business owners is when a manager makes a claim for overtime wages.

One of the primary reasons for this frustration is because there is often a disconnect between an employer’s idea of a manager and the definition of manager under the Employment Standards Act. As many employers have learned the hard way, just because someone is referred to as “kitchen manager” or “operations manager” does not necessarily mean that they will satisfy the ESB’s analysis.

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There’s more to it than just a title…

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Terminating an Employee on Medical Leave

Questions surrounding disabilities and the duty to accommodate are often misunderstood and nowhere is this more evident than the widespread perception that employees on some form of leave of absence cannot be terminated.

However, this perception is not entirely accurate. In fact, it’s not uncommon for disagreements between an employee and their employer to mount over time, creating tension and stress in the workplace.

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