Wrongful Dismissal and Constructive Dismissal

An employee who is not dismissed for cause is entitled to be given reasonable notice of dismissal or pay in lieu of reasonable notice by their employer. Where an employee has not been given sufficient notice, he or she may sue for wrongful dismissal. Grounds for just cause are generally narrow, and the onus is on the employer to prove just cause.

An employee may also have a cause of action where an employer has unilaterally changed a fundamental term or condition of employment without giving the affected employee notice. In addition, a dismissed employee may have cause to bring a complaint against their employer at the Human Rights Tribunal if the employer’s actions have contravened the Human Rights Code.

Contact Robert Carter for more information.

Located in: Employment Law