The morning Maria started her new job the ER handed her a copy of the firm’s EE policy manual and told her to look it over, informing her that its terms and conditions would apply to her EEmt R. This was the first time the manual had been mentioned to her. Four months later Maria was terminated without notice on the basis that she was not suitable for the job. The ER stated that it did not owe her any notice of termination or pay in lieu because the policy manual established a probationary period of six months during which time she could be terminated for any reason without notice. Explain whether you think Maria is bound by the terms set out in the policy manual and provide full reasons for your answer

The morning Maria started her new job the ER handed her a copy of the firm’s EE policy manual and told her to look it over, informing her that its terms and conditions would apply to her EEmt R. This was the first time the manual had been mentioned to her. Four months later Maria was terminated without notice on the basis that she was not suitable for the job. The ER stated that it did not owe her any notice of termination or pay in lieu because the policy manual established a probationary period of six months during which time she could be terminated for any reason without notice.

Explain whether you think Maria is bound by the terms set out in the policy manual and provide full reasons for your answer

 

 

Answer:

No, Maria is not bound by the terms set out in policy. She should be given enough reasons on why she has been terminated with notice.

Maria can challenge the issue in labor court where the court will look into any cause to terminate a probationary employee if it has shown that the employee was unable to meet the job requirements. The employer’s decision of unsuitability must be reasonable and reached after the employee has been given a fair opportunity to demonstrate his or her ability.

The court will look for sufficient evidence at trial to prove the allegations concerning the employee’s qualifications or that she was unable to meet the job requirements. In considering whether the employer satisfied its duty to act reasonably or fairly towards the employee, the Court considers whether Maria had been given enough opportunities to perform, any negative feedback for termination and so on.

So, employers must be aware that probationary employees may be entitled to notice upon termination. In order to better defend against a common law claim for notice of termination, employment contracts should include notice periods for termination during the probation period or refer to the minimum standards found in employment standards legislation. The common law notice requirement is presumed in employment contracts, and will be rebutted only by clear and unambiguous language in the contract.

Asked on February 14, 2018 in economics.
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