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If you hired 2 receptionist for location 1 who is still under probation and you now only require the one but have an opening in location 2 in the same city with different days of work and hours because you need to let the reception at location 2 go. How much notice and consideration do I need to provide the reception at location 1 to go work at location 2 to either take the new role or be terminated during her probation period? it is time sensitive as she will be replacing the receptionist I need to let go in location 2 in BC. If the receptionist does not want to take the role can I let her go on the spot or have to wait a period to let her go while she heads back to work in location 1?
The principle liability risk is breach of contract. Yes, probationary employees do have contractual rights. Whether you are, in fact, in breach all depends on the terms of your probationary agreement, particularly with regard to relocation and changes to the agreement.
You may also be liable for wrongful dismissal. Unlike a full-time employee, you don’t need just cause to terminate a probationary employee without notice; all you need is lack of suitability. However, failing to accept significant and unfavourable changes would most likely NOT constitute lack of suitability. And if the employee accepts the new terms, he/she may have a claim for constructive dismissal, which arises when an employer makes major and adverse changes to the employment without the employee’s consent. You can avoid both risks by offering the employee a moving bonus or some other additional consideration for accepting the change. In addition, the fact that the employment is probationary and the employee isn’t entitled to expect as much as a full-timer, the extent of your potential damages in the event of liability would be relatively limited.
Hope this helps u handle what is really a tough situation. Glenn -
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