LAW 529 Lecture Notes - Lecture 7: Burns Lake, Constructive Dismissal, Wrongful Dismissal

• School: Ryerson University
• Department: Law and Business
• Course: LAW 529
• Professor: Peter Wilson

Document Summary

There is minimal statutory intervention: the employment standards act (esa) requires minimum statutory notice (or pay in lieu) and, for certain employees, statutory severance. The critical concepts of just cause and reasonable notice are determined by judicial precedent (common law). The onus is on the employer to prove, on a balance of probabilities, that it had legal just cause to terminate the employee: courts generally are reluctant to find just cause. Various consequences of an employee termination: termination for just cause; The employer has no liability: termination arising from frustration of contract; The employer has no liability: termination motivated by a prohibited ground of discrimination under the human. The employer has liability under the human rights code: termination without just cause. The employer has liability under the employment standards act (minimum notice or pay in lieu and, perhaps, statutory severance) and at common law (reasonable notice or pay in lieu).