HR Home Forums Answer for Termination of Casual Employee

Conner Lantz
Keymaster
Post count: 4836

General Rule: Just cause doesn’t apply to probationary employment. In other words, you can terminate probationary employees during the probationary period (90 days in Alberta) for lack of suitability, which is a much easier standard for employers to meet than just cause. Casual employees would likely fall under the probationary employment rules.
So, if the casual employee has been with you for less than the required 90 days, you don’t need just cause and may not even need to follow your progressive discipline policy since “lack of suitability” is a non-disciplinary standard. In other words, a probationary employee can be unsuitable, even if he/she doesn’t commit any infractions worthy of discipline. Once the 90 days are up, the ESC termination and just cause rules kick in.
As I interpret the collective agreement, the above rules apply even if the employee is a union member covered by the agreement. So, during the first 3 months, you can apply the lack of suitability standard. Where things get tricky is when employees have more than the 90 days required by the Alberta ESC and less than the 6 months required to end probationary status under the collective agreement. To me, it sounds like the collective agreement is extending the lack of suitability window for 3 extra months beyond the 90 days. But there may be other language clarifying that somewhere else in the agreement. It also depends on the intent of the parties in negotiating that provision.
To review:
First 90 days: Lack of suitability, no progressive discipline
Month 3 to Month 6: For union member: Lack of suitability, no progressive discipline; For non-union member: Just cause, progressive discipline
After Month 6: Just cause and progressive discipline for all employees
Hope that helps. Glenn