In Ivens v. Automodular Assemblies Inc., [2000] O.J. No. 2579, the Ontario Superior Court of Justice allowed an employee’s claim for wrongful dismissal. In that case, the plaintiff was a probationary employee and the grounds for termination were absenteeism, failure to meet required work standards and the inability to get along with co-workers. At trial, the employer did not call evidence with respect to any of the alleged shortcomings, other than absenteeism. The evidence also indicated that the plaintiff was never advised that her employment was in jeopardy and, to the contrary, she was told that her absenteeism was not a problem.
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