Wrongful dismissal is made out if an employee is dismissed:
- Without cause; and
- Without notice.
The definition of just cause is not subjective, i.e. based on the discretion of the employer. An employer simply cannot advise an employee that he or she has been fired for just cause without following the legal definition of just cause. Some of the causes that can constitute just cause includes harassment, failing to show up on time on a regular basis, theft, fraud, lying, and similar types of behaviour.
Reasonable notice or pay in lieu thereof depends on statutory, contract, and common law principles. Deference will be given to the employment contract over the statutory and common-law principles, if it provides for greater notice. If the employment contract is silent then statutory and common law dictates what constitutes reasonable notice. Generally, reasonable notice for non-management positions is one week for every year of service. For management positions, reasonable notice is one month for every year of service. Employers have the discretion to provide the employee with pay, for the required notice period, in lieu of notice.
Other Employment Disputes We Handle
If you’re currently involved in an employment law dispute, you’ll want to reach a resolution as soon as possible. However, you may be too intimidated to speak with your employer or may have tried to discuss the conflict, only to receive little to no support. In these instances, it may be in your best interest to consult with an employment lawyer for things such as:
- Sexual harassment;
- Overtime and wage disputes;
- Benefits disputes; and
- Criminal charges.