Limits of the probation clause

By Monty Verlint ( March 2, 2017, 7:00 PM EST) -- 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 entitled to “reasonable notice of termination” at common law....