termination

TBS policy states that you should only pursue termination on probation if four criteria are met:

https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=22379

The employee on probation knows the specific job duties and requirements of the position;
The employee on probation is aware of the required standard(s) of performance and appropriate conduct:;
The employee on probation receives feedback when performance or conduct requires improvement; and
The employee on probation receives the appropriate training for the position.

The policy also instructs managers and supervisors to ensure they are acting in good faith, which I interpret as meaning either of three things must be true:

  1. The manager/supervisor has documented enough to illustrate that the employee is unsuitable or unable to do the job to an acceptable standard, despite being afforded the four items listed above, and being given a reasonable opportunity to succeed.
  2. The worker has done something so completely beyond the pale that it would attract significant disciplinary measures regardless of their probationary status (note that this may mean a single nasty incident, rather than a pattern of behaviour)
  3. The worker no longer meets a condition of employment. (You'd probably see this most often to do with licenses and certifications. If your job requires driving, and you lose your license, and you're on probation, you do not have a leg to stand on.)

This means that you have a couple of grounds of appeal, in the event that you object to the termination:

  • You were subjected to discrimination. (This could include the employer dragging their feet on an accommodation request.)
  • You were not given a reasonable opportunity to succeed. (NB: This means you'd be arguing that the job is literally impossible [given the training and other resources made available to you], and that no reasonable manager could have expected an employee to meet the specified standards. If you have colleagues who do meet the standards, you're probably SOL.)
  • You were not given a clear picture of the duties and expectations, or were not given necessary feedback at an appropriate juncture.

But that's about it.

/r/CanadaPublicServants Thread