LAW 529 Chapter Notes - Chapter 14: Wrongful Dismissal, The Employer, Sawmill
30 Dec 2019
School
Department
Course
Professor
Document Summary
(wrongful) dismissal without a just cause/ employment standards act. 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. Termination motivated by a prohibited ground of discrimination under the human. The employer has liability under the human rights code. 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). Wrongful dismissal: at common law, an employee in ontario who is terminated without just cause is entitled to:
