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Answer for Ontario – Termination

Good question and nice work for asking it because it indicates you understand the risks. Because the termination came before 3 months of continuous service, the employee doesn’t have any claim for ESA termination notice. However, she does have a potential claim for reprisal under Section 74, which also applies to probationary employees. The fact that she was terminated AFTER the vacation request raises the theoretical possibility that she got terminated BECAUSE of the request. And if she did file a claim for reprisal with OLRB, you would have the burden of proving that the termination WAS NOT a reprisal and that there was no link between the two things. Keep in mind that reprisal need only be ONE motive for an action. By the same token, if you can document that the decision was purely based on performance, you should be able to defend yourself against the charge with the help of a lawyer, of course. Hope that helps. Glenn