Tag: just cause

A Disciplinary Record: Not Enough To Justify A Just Cause Termination

by Fiona Martyn | Mar 5, 2019 | For Employees

Just cause terminations are considered the capital punishment of employment law by some judges. A just cause termination is the worst possible outcome for an employee because it not only means that you will not receive termination pay but generally you will also be...

Wrongful Dismissal Update: Recent Case Law Increases Legal Uncertainty

by Doug MacLeod | Jan 8, 2019 | For Employers

Recently, it has become increasingly difficult for employment lawyers to assess an employer’s potential legal liability in connection with an employee termination. The law is pretty straightforward but predicting how a judge will apply the law to a specific...

Punitive Damages: Rare But Not Unheard Of

by Nadia Halum | Jan 2, 2019 | For Employees

As we have written before, an employer may generally terminate an employee for any good business reason as long as it provides the employee with adequate notice of termination (or pay in lieu of this notice). Failure to provide adequate notice results in a wrongful...

Secretly Recording Your Boss: A Slippery Slope (Part 1)

by Nadia Halum | Aug 10, 2018 | For Employees

One question I have been frequently asked is whether an employee can record a conversation with their supervisor, usually without the supervisor’s knowledge. As technology has advanced to the point that we all have recording devices in our pockets (i.e. our...

What kind of damages are you entitled to if your employer makes frivolous allegations about you?

by Nadia Halum | Aug 22, 2017 | For Employees

Can you be terminated for poor performance?

by Nadia Halum | Jul 10, 2017 | For Employees

Sometimes, an employer will claim an employee’s poor performance is just cause for termination to avoid paying termination pay. It is generally difficult for an employer to prove that poor performance is just cause. If the employer does not have just cause, then the...

Failing to provide a doctor’s note is not necessarily “just cause”

by Nadia Halum | Mar 8, 2017 | For Employees

Generally speaking, an employer may terminate an employee as long as it provides the employee with notice of termination. However, if an employer has ‘just cause’ for the termination, the employer does not need to provide any notice. One of the grounds employers try...

Employer Ordered to pay $ 425 000 of Wrongfully Terminated Employee’s Costs

by Doug MacLeod | Feb 27, 2017 | For Employers

In many wrongful dismissal cases, the legal costs associated with taking a case to trial exceeds the value of the legal claim. That is why the vast majority of these cases settle before trial. Rolling the dice and taking a case to trial can have serious financial...

« Older Entries

A Disciplinary Record: Not Enough To Justify A Just Cause Termination

Wrongful Dismissal Update: Recent Case Law Increases Legal Uncertainty

Punitive Damages: Rare But Not Unheard Of

Secretly Recording Your Boss: A Slippery Slope (Part 1)

What kind of damages are you entitled to if your employer makes frivolous allegations about you?

Can you be terminated for poor performance?

Failing to provide a doctor’s note is not necessarily “just cause”

Employer Ordered to pay $ 425 000 of Wrongfully Terminated Employee’s Costs

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