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Probationary Employees

In face of prima facie complaint of discrimination, employer has positive obligation to hire probationary employee or provide reasons for failure to do so.

In Alberta Teachers' Association v. Almadina Charter School Society, an arbitrator has ruled that, while an employer who decides not to extend the contract of a probationary employee normally has the right to remain silent as to the reasons for this decision, when faced with a reasonably-founded complaint of discrimination it is legally required to provide reasons to rebut the allegation. Further, although an employer does not have a positive obligation to offer a permanent contract of employment to the employee, the decision will be subject to arbitral review if the employer uses discriminatory criteria when deciding whether or not to make an offer.


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