forced to lay off staff. The employer takes the position that all employees on leave were not recalled and therefore there is no discrimination. Cao was awarded four

months salary. Concern about lay-off decisions may arise when an objective evaluation shows that employees identified by Code grounds are laid off while others with fewer qualifications are retained. Employment probation has come a long way in the law. . See also Section IV-11d(i) Accommodate before disciplining for absenteeism, Section IV-13b(vi) Automatic termination provisions and Section IV-13b(vii) Termination during or after a Code -related leave. Padinox Inc., 19 (PE scad). Medical documents show that the employee has a serious mental disability that is made worse by stress, and that he has obsessive compulsive thoughts about the female staff. The Supreme Court of Canada has said that having such a provision in a collective agreement or other agreement is not discriminatory, and that such a provision applies only if it meets the duty to accommodate in the particular circumstances. The HR manager suspects that the intern may be depressed or experiencing some sort of mental illness, because of recent performance problems and illogical statements about preferring a job picking up litter on the street. For example, a reference in an employee handbook to a ninety day introductory period for all employees will likely not suffice to create probationary status. Where an employee resigns suddenly in circumstances that indicate the employees decision may be affected by a mental illness or other disability, the employer should take steps to determine whether any accommodation is needed before accepting such a resignation. This would contravene the Code, even if this is done in accordance with other legislative requirements (such as under the Employment Standards Act or the Companies Creditors Arrangement Act ). When the intern realizes she has acted rashly, she asks to rescind the resignation and is told it is too late. The racialized employee is fired while her White co-worker, who has the same spotless disciplinary record and level of responsibility, receives a written warning.

This may be linked to a tendency to undervalue the strengths and contributions of racialized employees 95 or people identified by other Code grounds. The employee may be put on shortterm or longterm disability leave with regular assessments of his ability to safely return to the workplace. Employers may wish to impose mandatory retirement on workers who topics reach a certain age.

No, has quite a bit to prove. However, the probation rights of all staff are respected. I do not want Mondaq to share my personal data with Contributors. Male employees who have been off for period medical leaves of similar length were not treated the same. What is the unions role, there must be an agreement between the employer and the employee that the employee will be subject to a probationary term. And liabilities arising out of or in connection with all Content. A companys restructuring plan provides for all employees on any kind of medical leave to be terminated from employment while other employees are retained. While there may be legitimate reasons for making such a decision. To the maximum extent permitted by law.

When hiring an employee who will be probationary for a period of time, it is important that the employees probationary status be set out in either the employment contract or the offer letter prior to the employee commencing work.Johnson Controls Limited (Partnership) and Johnson Control Inc.