LAW 529 Lecture Notes - Lecture 6: Canada Labour Code, Wrongful Dismissal, The Employer
26 Sep 2017
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It is extremely difficult to dismiss an employee with just cause: the onus is on the employer to prove just cause for termination, the bar is high, the courts generally are reluctant to find just cause. Transport inc. , p. 369: resignations during emotion or upset are typically not viewed as a legitimate resignation, the employee can retract a resignation prior to its acceptance by the employer. Dismissal with just cause: means employee is dismissed immediately without notice or severance. If there is no just cause, it is a wrongful dismissal. If the dismissal is determined to be unjust, the remedies available to the adjudicator are wide-ranging and include reinstatement; In other words, the provision of common reasonable notice, or pay in lieu, may not suffice: ref. Wilson v. atomic energy of canada ltd. , 2016 scc. Rather, the employer should substitute a lesser punishment. (ref.
