Hamilton radio interview on employee rights during a probation period

A human rights complaint has been filed by an employee in Edmonton after she was terminated during her probation period of employment for violating the office dress code policy.

Caitlin Bernier was fired from a car dealership within the first two weeks of her employment as she was told her workplace attire made her male colleagues uncomfortable.

An employment lawyer for Hamilton at Samfiru Tumarkin LLP joined the Billy Kelly show to discuss an employee’s rights during this period of employment. Was Bernier’s employer within their rights to terminate Caitlin without warning?

What They Discussed

• Is this case a potential wrongful dismissal? This is not a valid reason for termination and is clearly a without cause termination and wrongful dismissal.
• In what manner were the men feeling uncomfortable, as Bernier’s dress does not appear to be inappropriate or abnormal? Bernier alleges she never saw the dress code policy and so the reason for the termination is questionable particularly as she’s the only woman in an all-male sales department.
• Does it matter that Bernier was not given any fair warning of her termination or that HR did not have an issue with her attire? Probation does not mean you are not entitled to any severance pay, despite her short term at the dealership. From a human rights perspective, if she was terminated due to her gender, this could be a possible violation.
• Should Bernier have been given a less severe consequence for violating the dress code? It should be incumbent on the employer to give objective criteria for a dress code that is not disproportionate to one gender.
• Is an employer obligated to provide feedback for an employee during the probation period? Probationary periods in Ontario should not be assumed by employees as they should be mentioned and detailed in a contract provided by the employer. A general understanding by an employee is not enough, though feedback is appreciated on performance.