B.C. case highlights downsides of probation

While popular, clause not recommended by experts
By Sarah Dobson
|Canadian HR Reporter|Last Updated: 03/20/2017

As common as they may be, probationary periods just don’t make a lot of sense, according to legal experts — an opinion seemingly reinforced by a recent decision from the Supreme Court of British Columbia.

The case involved a man who was on a six-month probation and was let go after two months. He was given no notice so he sued for wrongful dismissal — and the court agreed, awarding damages that included three months’ pay.

The case begs the question: Why bother with probation? said Erin Brandt, barrister and solicitor at Kent Employment Law in Vancouver.