Dismissal During Probation
Recruiting employees is expensive, so companies don’t want to waste resources on new hires who don’t work out. This is why it’s important to conduct probationary reviews and to make disciplinary decisions in a timely manner. But sometimes an employee’s performance simply isn’t up to par or they may not fit well with company culture, and this can lead to a decision to dismiss them from the job. As a manager, you have the right to do this during their probationary period but it’s essential that you treat all employees fairly and do not make dismissal decisions based on bias or prejudice.
Dismissing an employee is a serious matter and should only be considered when other disciplinary actions have been unsuccessful. Dismissal during probation can be particularly difficult for both parties and should always be a last resort. It is also important that any dismissal is carried out in a fair and consistent manner and that you follow the proper process and keep thorough records.
If an employer does decide to constructive dismissal an employee during their probationary period, it is essential to be clear and transparent about why they are doing so. The best way to do this is to hold a disciplinary meeting with the employee and to allow them to present their case, respond to any allegations and ask questions before making a final decision.
Constructive Dismissal During Probation
It is also a good idea to offer the employee an opportunity to appeal the outcome of this meeting – provided that this is allowed by their contract of employment or otherwise authorised under your company policy – and to ensure that someone senior to the person who made the original decision deals with any appeal promptly and impartially.
It is crucial that you do not use subjective or arbitrary reasons for dismissal because this can give rise to a claim of constructive dismissal lawyer. This includes things like failure to meet performance goals, not getting along with coworkers or the fact that an employee is absent from work too often. You must also be careful not to breach any express or implied terms of the employment contract, as this can give an employee the right to consider themselves constructively dismissed and seek monetary compensation.
An experienced and skilled Toronto workplace law lawyer can help you understand your rights as an employee and protect your interests in any situation that may require the need to dismiss an employee during their probationary period. They can also assist with reviewing employment contracts and other documentation to help you fully comply with Ontario’s workplace laws. Contact Achkar Law to learn more about their services.
