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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100996
Experience:  Lawyer
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Hello, Location: Newfoundland How often can a probationary

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Location: Newfoundland

How often can a probationary period be unilaterally extended?

Thank you
Thank you for your question.

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Are you asking about an employment situation?

If so are you in a union?
Customer: replied 4 years ago.

The position is a non-union position with the provincial Government of Newfoundland.

The law is that regardless of whether the employer says the employee is on probation or not after 6 months of employment the employee is entitled to just the same notice or pay in lieu of notice as if there was no designation of probation.

So ultimately it doesn't matter.

Does that clarify things?
Customer: replied 4 years ago.

Hello Debra,


I was sent an email by the employer telling me that my probation period was to be extended until the end of September 2013. My 6 month probation was finished August 30.

In the email mentioned above, the employer said we would have a formal meeting this coming Thursday, September 5th with my manager, director and a woman from human resources.

I am going to be given a paper to sign saying I agree to the additional probation period.

Do I have to sign that paper? If I sign it I have entered into a contract with them and am agreeing to the extra month of that correct?

By not signing it, and the 6 month probation period is past, then I would have to be treated as a full time that correct?


You will not necessarily be treated as if you are a permanent employee in terms of issues like benefits but your rights in terms of being dismissed will be the same.

You don't have to sign it.

But at the same time they may not agree to allow you to continue working there if you do not.
Customer: replied 4 years ago.

Hello Debra,


Let me see if I have my head wrapped around this issue with some amount of clarity.


My probation period ended August 30/13,


That made me a full time employee. (Note: I have been receiving full benefits from the start of my employment),


I received an email telling me my probation period was being extended until the end of September, 2013, and that we would meet on Sept.5/13


On September 5/13 they are going to ask me to sign a probationary extension.


If I don't sign it do they not have to dismiss in the same manner as any other full time employee?



They do have to dismiss you with the same rights as a permanent employee after 6 months.

You would get two week's notice or pay in lieu of notice.

I don't know why they want to say your probationary period is extended.

I cannot read your contract so I don't know if there are other benefits to being a permanent employee.
Customer: replied 4 years ago.

In a nutshell, the director is under-qualified for the position held, has low self esteem and confidence and when she found out I had just recently earned my doctorate her attitude changed. I would hazard a guess that the director figures if my probation is extended I could be terminated more easily. We shall see on September 5th, 2013.

Thanks so much for helping me get a better grip on the situation. If you like, just for curiosity sake, I will drop you a line and let you know how it all works out.


Please do.

I hope it works out and would love to know what happens.
Debra and other Canada Law Specialists are ready to help you
Customer: replied 4 years ago.



Thank you for the excellent service. I will make sure to let you know how it turns out.

Now I can get some sleep!

There is no need to answer this communication. :-)


Good night