Probationary period means no inducement and no notice required

Probationary period intended to provide fair and reasonable evaluation of employee's suitability
|Canadian Employment Law Today|Last Updated: 07/06/2016

An Ontario employer was entitled to dismiss an employee without cause or notice since the employee was still in his probationary period, the Ontario Divisional Court has ruled.

Alexander Nagribianko was hired on May 10, 2013, by Select Wine Merchants, a wine and spirit import agency in Toronto. His written employment contract set out a six-month probation period beginning on his first day of work, May 27.

On Nov. 21, 2013, Select informed Nagribianko his employment was being terminated because “after careful consideration” the company decided that he was “unsuitable for regular employment.” There were six days remaining in the six-month probationary period, so no notice or pay in lieu of notice was provided.