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Cause for Dismissal

19th Dec 2018

In order to determine whether a past action can be detrimental to future employment opportunities, one must ask: was the past action fundamentally incompatible with the employment relation in consideration? This would be the deciding … Read More

15th Aug 2018

When an employee is dismissed for just cause, this means that the dismissal is justified due to misconduct. In such instances, an employee would not be entitled to notice pay, which is the amount that … Read More

9th Aug 2018

Under the Employment Standards Act (ESA), employees are entitled to 10 personal emergency leave (PEL) days per year (the first 2 days must be with no loss of pay) for qualified urgent matters. Employers are … Read More

7th Aug 2018

Employers must use progressive discipline before summarily dismissing an employee for misconduct, thereby not owing to the employee any severance payment. There is an exception, however, for acts of severe misconduct. Such misconduct must be … Read More

13th Jun 2018

Companies offering strictly freight-forwarding services on a national basis serve to organize shipment countrywide by using modes of transportation that are not owned by the company themselves. Such companies simply coordinate the shipments of their … Read More

8th Jun 2018

It is important to avoid mistakes when administering a severance, as it may lead to further damages or compensation if challenged. When dismissing an employee for anything other than misconduct, employers owe at a minimum … Read More

22nd May 2018

Under common law, an employee can seek damages for constructive dismissal if an essential term of his/her employment is unilaterally changed by the employer. This may include key responsibilities, status, and/or compensation. There is, however, … Read More

27th Feb 2018

Minimum Entitlement Under Law The amount of severance pay an employee is owed when dismissed without misconduct varies between common law (judge-made law) and employment law. Employment legislation provides about a week of notice or … Read More

21st Feb 2018

When an employer unilaterally changes an essential term of the employment contract, the only remedy in employment law would be for an employee to claim constructive dismissal. What this means is that the employer imposed … Read More

Just cause may be established by a progressive discipline (verbal warning, written warning and then termination, for example), or for a single incident of misconduct. For a single act, the misconduct must cause a fundamental … Read More