What are the governing principles for the termination of probationary employment?

The governing principles for the termination of probationary employment were discussed by Hood, J. of this Court in Survival Systems v. Johnston, [1997] N.S.J. No. 406. These principles were adopted with approval from a prior Manitoba decision and are found at para. 23: 1.The onus is upon an employer to show that it has just cause to discharge even a probationary employee. 2.Just cause may be that the employee is, in the opinion of the employer, unsuitable for a job. 3.The unsuitability which would justify the termination of a probationary employee may go beyond those grounds which might support the discharge of a regular employee and may include such considerations as character, compatibility, as well as ability to meet the present and future production standards expected by the employer. 4.Where a probationer has been terminated for unsuitability, the employer’s judgement and discretion in the matter cannot be questioned. 5.All of the foregoing is subject to the requirement of the employer showing that the discharge was in the bona fide exercise of the employer’s discretion and judgement that the employee was not suitable and not for some other reason or improper motive which would not justify a dismissal.