You’re on the right track in your current approach, but it’s wise to ensure that your termination practices during probation are aligned with employment standards and minimize legal risk. Here’s a detailed breakdown tailored to the skilled trades context in Canada:

1. Probationary Period: Legal Framework
In most provinces, a probationary period typically lasts up to 3 months (90 days) from the start of employment. During this time:

The employee may be terminated without notice or pay in lieu, provided the employer complies with minimum standards legislation.

If the probation period is extended (e.g., 6 months), employment standards still require notice or pay in lieu after the statutory probation (usually 3 months).

Statutory Law
Applicable laws depend on your province, but here are common elements across most jurisdictions (like BC, Ontario, Alberta):

No notice is required if termination occurs within 3 months and there is no just cause.

Beyond 3 months, minimum notice (or pay in lieu) is required, even during an extended “probationary” period.

2. Absenteeism During Probation: Termination Risk
Although you can terminate without notice during statutory probation, you still must not violate human rights laws. That means you:

Cannot terminate due to a protected ground, such as disability (which could be flagged if absenteeism is due to illness).

Should document attendance issues clearly and neutrally to show the decision was business-related and not discriminatory.

If absenteeism is not medically or otherwise legally protected, then:

-A written attendance reminder followed by termination if there’s no improvement is a sound approach.

-Avoid citing “failure to complete orientation” if absenteeism is the core issue—stick with clear language tied to attendance expectations.

3. Progressive Discipline vs. Immediate Termination

Progressive discipline is a best practice for long-term employees but not legally required during the probation period, unless:

Your employment contract or company policy requires it (which would create enforceable expectations).

The behaviour does not justify immediate termination.

That said, having even minimal documentation (e.g., one written warning) can help defend against wrongful or discriminatory termination claims.

4. Reducing Litigation Risk

To mitigate risk:

-Use clear language in contracts that defines the probation period and states that employment may be terminated without notice during this period.

-Ensure attendance policies are included in onboarding materials, and employees sign off.

-Maintain non-discriminatory, well-documented reasons for termination decisions.

-Consult with employment counsel before termination if there is even a hint that absenteeism could be tied to disability or protected grounds.

5. Industry-Specific Considerations
In the skilled trades:

-Training and safety are valid business justifications for strict attendance expectations.

-Absenteeism can reasonably be considered a failure to meet conditions of employment—especially if proper training is missed.

-Your PMs’ desire to move quickly to termination is understandable, but you should ensure the reasons are consistent and documented, even during probation.

Recommended Best Practices
-Reinforce attendance expectations clearly in orientation and in job postings.

-Issue a written reminder or informal warning as soon as absenteeism occurs—even if still within the first few days.

-Track absences and reasons given.

-Terminate during statutory probation if there’s no protected ground involved and improvement does not occur.

I hope this helps!
-HRInsider Staff