Q: Can an employer fire me without a good reason during the probationary period?
A: No. The word “probation” actually means an employer has to provide an employee with a fair opportunity to demonstrate that they can do the job, provide them some feedback and measure them against reasonable standards. If a probationary employee is fired without cause or without being given reasonable opportunity to demonstrate their ability to do the job, they will be entitled to wrongful dismissal damages. Those damages will generally be less than if they were not on probation and in evaluating them, employer can consider compatibility with the workplace, which would never be cause for discharge normally. Of course, a validly worded contract can change this.
Q: I have sued for wrongful dismissal and my employer offered me my job back. Must I return?
A: Unless something occurred (beyond being fired) that makes it objectively unreasonable for you to accept the offer of reinstatement, you must go back to work. If you don’t, you will lose any damages beyond the date you refused to return or ESA minimums.
Q: If I think my workplace is unsafe, do I have the right to stay home?
A: While you have the right to refuse work that is objectively unsafe, it is not your opinion that matters. Rather, a Ministry of Labour Inspector must make a determination on whether your workplace is safe. You can refuse to work while their investigation is ongoing, but if they deem your workplace to be safe you must either return or quit.
BY HOWARD LEVITT AND ALYSSA SUDDARD
