Probationary Review Process

[Mali Singh]

#97465

Forum: Private

(Ontario)

We currently have an unstructured probationary review process (we mark probationary end dates and our offers mention them but there is no process to go over any objectives etc.) We are in the process of refreshing this process and make it more formalized but wanted to ask a few questions first.

1) We were thinking of making the probationary period to 6 months from 3 months, to allow more time for the staff to understand their role/ expectations. But is there any real net benefit to this? We offer benefits day 1 of employment which we would still do. RRSP at end of 3 months, which we would likely still keep to that. As well, if someone’s performance did not hold up, is it still safer to terminate without cause and provide payment as opposed to for poor performance in the probationary period?

2) Can a PIP follow a probationary period? If the employee is not performing within the time frame, can they be placed on a PIP right after probation?

3) We considered putting in even longer probations for executive roles (1 year) but did not want to lose candidates as a result or signal distrust. Is there somewhere to check for average probationary periods for executive roles within a particular sector?

4) If a probationary period is 6 months with monthly check-in’s scheduled for the employee/ manager and clear objectives that have been developed. What would be the best practice on how to move forward if an employee was simply not able to keep up?

5) Are there any other considerations, we should think of when revamping the probationary process.

[Haley O’Halloran]

#97467

Here’s a detailed breakdown addressing each of your questions about probationary periods and best practices, with a focus on Ontario employment standards and HR best practices.

1. Extending Probation from 3 to 6 Months

Legal Context:
Under Ontario’s Employment Standards Act (ESA), the probationary period is not legally defined, but termination without notice or pay in lieu is typically permissible during the first 3 months of employment. After 3 months, employees are entitled to at least one week’s notice (or pay in lieu).

Practical Benefit of 6 Months:

A 6-month probation can help in evaluating long-term fit and performance for roles that have longer learning curves.

It gives managers and employees a more realistic time frame to assess alignment with company values and competencies.

However, extending beyond 3 months doesn’t reduce liability — you’d still need to provide notice or pay in lieu if terminating after 3 months.

Since you already offer benefits and RRSPs earlier, there’s no major financial upside; the benefit is purely performance management and alignment time.

Termination Implications:
Even within a probationary period, termination “for cause” due to performance is risky unless gross misconduct or willful neglect can be proven. It’s usually safer to terminate without cause and provide appropriate notice or pay in lieu (especially post-3 months).

2. PIP (Performance Improvement Plan) After Probation

Yes — this is common and advisable.
If an employee shows potential but is not meeting standards at the end of probation, you can:

Extend the evaluation period with a structured PIP (typically 30–90 days).

Outline clear, measurable objectives and support mechanisms.

Document all feedback and check-ins.

This demonstrates fairness and due diligence if the employment later ends, and it strengthens your legal position.

3. Longer Probations for Executives (Up to 1 Year)

Legally permissible: There’s no statutory limit to probation length in Ontario as long as ESA notice/pay obligations are met after 3 months.

Recruitment risk: Executive candidates often view long probations (>6 months) as a red flag. Instead of formal “probation,” many companies:

Use performance milestones or contractual evaluation periods for executives.

Link these to bonus or stock eligibility rather than job security.

Benchmarking:
There’s no centralized database of “average probationary periods,” but:

-3–6 months is the norm for most roles.
-6–12 months for senior or complex positions is acceptable if structured well and communicated transparently.

HR associations such as HRPA (Ontario) or CCHRA/Chartered Professionals in Human Resources Canada (CPHR) may publish sector-specific survey data on this.

4. Handling Underperformance in a 6-Month Probation

If the employee is not meeting objectives despite regular check-ins:

-Document everything: Keep detailed notes from all check-ins, feedback, and development efforts.
-Provide specific feedback early: Don’t wait until month 5 or 6 to raise performance concerns.

Final review:

If minimal improvement: consider termination without cause and provide statutory pay in lieu (if beyond 3 months).

If some improvement or potential: transition into a PIP with defined timelines and support.

Follow consistency: Apply the same process to all employees to avoid claims of unfair treatment.

5. Other Considerations When Revamping the Probation Process

-Set clear objectives upfront: Include role-specific expectations and behavioral benchmarks.
-Schedule structured reviews: At 30, 60, and 90 (or 180) days — documented in writing.
-Clarify in offer letters: The probationary period, review process, and that employment may be terminated without cause (subject to ESA).
-Train managers: Equip them to deliver constructive feedback early.
-Communicate benefits timing: Ensure it’s consistent and transparent, especially if benefits start before probation ends.
-Use probation as onboarding extension: Focus not only on performance but also on engagement, cultural fit, and support.

I hope this helps!
-HRInsider Staff

[Author]

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