Does an employer have the right to terminate probationary employees without pay in lieu of notice?

By Peter Israel
|Canadian Employment Law Today


We have a system in place where new hires are subject to a three-month probationary period. If at the end of the probationary period we decide the employee is not suitable, we terminate the employee in accordance with the legislation which states no notice payment is required. Recently a terminated probationary employee claimed he never agreed he was on probation and expects to receive a severance package. Doesn’t the employer have the absolute right to terminate in the first three months without pay in lieu of notice?