Can you sue for wrongful termination while on probation?

A probationary period only exists if one is first agreed to in writing and even then it can only provide an employer with whatever specific rights are defined in that written agreement and no more. You can sue for wrongful dismissal since the clause does not specify the right to terminate without any severance.

Can you be fired for no reason during probation period?

So, while you can be fired during probation if you are not performing as expected, your employer is not allowed to dismiss you during probation (or any period) for unlawful reasons (known as unlawful dismissal).

What are grounds for wrongful dismissal in Ontario?

A wrongful dismissal occurs when an employer either: (i) terminates an employee without cause but fails to provide the employee with sufficient notice of dismissal; or (ii) terminates an employee for cause without providing any notice of dismissal in circumstances when the employer did not have just cause to dismiss …

Do employees on probation have rights?

Employees on a probationary period, whether it’s a 1, 3 or 6 month probation period, still have statutory employment rights, including but not limited to; unlawful discrimination, national minimum wage, the working time directive, statutory sick pay, maternity and paternity leave, and time off for dependents.

What should you do in case of unfair dismissal?

If you feel you have been unfairly dismissed by your employer, you should try appealing under your employer’s dismissal or disciplinary procedures. If this does not work, then you may be able to make an appeal to an Industrial Tribunal.

Do I have any rights during my probationary period?

Probationary periods have no special legal status and employees who are on probation enjoy the same statutory employment rights as other staff. They are also entitled to the national minimum wage, statutory sick pay, rights under the working time rules and time off work in certain circumstances.

How do I prove wrongful dismissal in Ontario?

All you have to do to prove wrongful dismissal is show you were not provided “reasonable” notice of your dismissal. In Ontario, employers have the absolute right to terminate anyone for any reason (so long as it is not discriminatory).

Can you sue for wrongful dismissal in Ontario?

Suing for wrongful dismissal. In Ontario, if the amount you are claiming is $35,000 or less, you have the right to sue your employer in Small Claims Court. First, you can claim that you were wrongfully dismissed and ask for the amount of money which equals the notice period you were entitled to.

Can an employer terminate a probationary employee?

Probationary employees may be terminated for just causes (Their fault) or when he fails to qualify as a regular employee in accordance with reasonable standards made known to him from the beginning of his/her employment.

Do I have to pay for my visa charges if I resign during probation period?

DO I HAVE TO PAY FOR MY VISA CHARGES IF AM TERMINATED DURING PROBATION PERIOD? No, you don’t have to reimburse or compensate your employer for visa expenses if you’re terminated during probation.

On what grounds can you claim unfair dismissal?

There are around 60 different grounds upon which an employee can claim automatically unfair dismissal including, for example, any reason connected to pregnancy and maternity; for asserting any statutory rights, such as the right to annual leave or the national minimum wage; for making a protected disclosure about …

Can a employer terminate an employee during a probation period in Ontario?

The Ontario Employment Standards Act (“ ESA “) does not define probation or probationary period. Instead, it allows an employer to terminate an employee without cause in the first three months of employment, without notice or pay in lieu of notice.

Can a wrongful dismissal case be filed during the probationary period?

Even during the probationary period, new employees are not entirely vulnerable to the whims of their new employer. Wrongful dismissal cases during the probationary period are rare, largely due to the fact that the notice period of such a short period of time would be small, as would the damages.

What does it mean to be wrongful dismissal in Ontario?

What is a Wrongful Dismissal? A wrongful dismissal in Ontario occurs when an employee is terminated without cause, fired or laid off by their employer and not provided appropriate notice of termination or pay in lieu of notice. Pay in lieu of notice is commonly referred to as termination pay or severance pay.

Can a probationary employee be fired for just cause?

In a unionized environment, the standard to terminate a probationary employee is “suitability” rather than just cause. In other words, the employer must be able to demonstrate the probationary employee is “unsuitable” and the unsuitability is not based on any discriminatory reason.