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Limits of the probation clause

Thursday, March 02, 2017 @ 7:00 PM | By Monty Verlint

Employers often believe that employees who are considered “probationary” can be terminated at any time and without notice. However, a recent decision of the Supreme Court of British Columbia in Ly v. British Columbia (Interior Health Authority) 2017 BCSC 42 offers a useful lesson to suggest otherwise. Even though the court found the employee to be subject to a valid probationary term, it also found that the employer did not conduct a good faith assessment of the employee’s suitability for continued employment. Therefore, the employee was...