Rescinded [2011-06-08] - Guidelines for Rejection on Probation

These guidelines are intended to assist organizations in the core public administration in managing situations where rejection on probation is being considered.

A manager cannot reasonably be expected to be able to assess the full capabilities and potential of a job applicant from a brief interview, application form or resumé, references and the like. Accordingly, probationary periods are used to assess an employee's performance and conduct after appointment to a position from outside the public service.

Subsection 61.(1) of the Public Service Employment Act (PSEA) authorizes the Treasury Board to establish, by regulation, the probationary period for classes of employees who are appointed from outside the public service. Subsection 61.(1) of the PSEA provides deputy heads the authority to reject an employee during the probationary period established by regulation of the Treasury Board. Subsection 24(1) of the PSEA permits delegation of this authority.

These guidelines apply to the core public administration, for which the Treasury Board is the employer.

Managers/supervisors should ensure that a probationary employee:

• Knows the specific job duties and requirements of the position
• Is aware of the required standard(s) of performance and appropriate conduct
• Receives feedback when performance or conduct require improvement
• Receives the appropriate training for the position.

Managers/supervisors should use the probationary period to assess the suitability of the employee for the position for which he/she has been hired. This assessment should include:

• An evaluation of the employee's reliability including attendance at work
• An evaluation of the employee's compatibility with colleagues or clients
• An evaluation of the employee's ability to meet work requirements, including those associated with the workload
• An evaluation of the employee's ability to adhere to established policies, procedures, practices, and codes of conduct.

The decision to proceed with a rejection on probation should be based on objective and demonstrable grounds and must not be made arbitrarily, in a discriminatory fashion or in bad faith. The manager/supervisor should be satisfied that the employee is not suitable for the position. The manager/supervisor should be able to demonstrate that he/she has acted in good faith, based on the employee's unsuitability for the position. The employment-related grounds for such a decision could include unsatisfactory performance or misconduct.

A person who is rejected on probation may grieve the decision by filing an individual grievance at the appropriate level of the grievance procedure pursuant to the Public Service Labour Relations Board Rules and Regulations of Procedure and any applicable collective agreement.

• Public Service Employment Act
• Public Service Labour Relations Act
• Public Service Labour Relations Board Regulations and Rules of Procedure

Enquiries and recommendations for changes to these guidelines should be directed to:

Employer Representation Group
Labour Relations Operations Sector
Treasury Board of Canada, Secretariat