Just cause for dismissal is the capital punishment of employment law. An employer has the right to dismiss an employee, without notice or pay, if the employee’s misconduct is so bad that no reasonable employer should be expected to tolerate it.
There is a legal test to help determine whether an employee’s misconduct justified their dismissal. Despite this, there is often some dispute about whether or not an employee’s misconduct falls into the category of Just Cause. For example, the terms below have successfully been used to support an employer’s claim for Just Cause:
- Poor performance;
- Progressive discipline;
- Off-duty conduct
Since so much depends on a finding of cause for dismissal in an employment law matter, it is vital that you meet with an expert at Whitten & Lublin Employment & Labour Lawyers to determine whether or not your case meets the test. We will then develop and implement a strategy to support your case. Whitten & Lublin Employment & Labour Lawyers has defended and pursued hundreds of cases of Just Cause, taking on some of the most complex claims. We have earned our reputation for being one of “Canada’s Top Employment Lawyers” due to our track record of success. If you have been dismissed for cause and/or have been dismissed without severance pay immediately contact an employment lawyer at Whitten & Lublin Employment & Labour Lawyers. We will assist you in enforcing your rights and preserving your reputation. Read our employment law articles about cause for dismissal for more information.