Wrongful Dismissal

Wrongful dismissal, also called wrongful termination or wrongful discharge, is an idiom and legal phrase, describing a situation in which an employee's contract of employment has been terminated by the employer in circumstances where the termination breaches one or more terms of the contract of employment, or a statute provision in employment law. It follows that the scope for wrongful dismissal varies according to the terms of the employment contract, and varies by jurisdiction. Note that the absence of a formal contract of employment does not preclude wrongful dismissal in jurisdictions in which a de facto contract is taken to exist by virtue of the employment relationship.
Posts about Wrongful Dismissal
  • Paradise Lost – Firing an Employee on Vacation

    … as a term in each and every employment contract. If an employer breaches this duty, a court may award an employee who brings an action for wrongful dismissal additional damages, known as aggravated or punitive damages, above and beyond any requirement to pay severance. Terminating an employee while he is on vacation, a time that is intended…

    Wendy Woloshyn/ kentemploymentlaw.com- 15 readers -
  • David Brown to Speak at CPA Okanagan (June 2017)

    … with employment law floating just under the surface. In this timely presentation, employment and human rights lawyer, David Brown, will discuss the most important sources of HR related risk and liability to small business. First, David will discuss the law of wrongful dismissal and how businesses should properly protect themselves from unnecessary…

    Wendy Woloshyn/ kentemploymentlaw.com- 15 readers -
  • Cottrill v. Utopia Day Spas and Salons Ltd., 2017 BCSC 704

    …. Our client sued for wrongful dismissal, claiming damages for unpaid severance as well as aggravated damages. At trial, the Court concluded that Utopia did not have just cause to fire Ms. Cottrill and awarded her the severance due to her under her employment contract. The Court also found that Utopia’s breached its duty of good faith toward our…

    Wendy Woloshyn/ kentemploymentlaw.com- 10 readers -
  • Gender-Based Dress Codes: Do We Need Another Law?

    … By Erin Brandt. Gender-based dress codes have lately become a “hot topic” for British Columbia’s media outlets. The recent interest flows from Green party leader Andrew Weaver’s new Bill M2** which (if enacted) Mr. Weaver says will prevent employers from requiring that female employees wear high heels in the workplace. (I myself participated…

    Wendy Woloshyn/ kentemploymentlaw.com- 15 readers -
  • Probation: Why Bother?

    … was fired approximately 2 months after starting work, IHA did not provide him with any notice of dismissal or any severance in lieu of notice. Mr. Ly sued for wrongful dismissal. In considering Mr. Ly’s claim against IHA, the Court affirmed the following principles regarding the law on probation: • If an employee is dismissed during his probationary…

    Wendy Woloshyn/ kentemploymentlaw.com- 15 readers -
  • Probationary Periods – Are they Legal in Canada?

    … their lot without ever receiving legal advice, while employers often terminate ‘probationary’ employees without providing any compensation, only to be surprised by a demand letter or civil action claiming wrongful dismissal. So where do these challenges come from? And how can they be remedied? Read David Brown’s latest post here to find out. The post Probationary Periods – Are they Legal in Canada? appeared first on . …

    Wendy Woloshyn/ kentemploymentlaw.com- 22 readers -
  • Employer Forum Recap: Recruitment and Hiring

    … This month marked the debut of Kent Employment Law’s Employer Forum series, an in-house resource for forward-thinking business owners and HR professionals. Hosted by our own Trevor Thomas, November’s Forum focused on recruitment and hiring with a lively discussion led by senior HR professional Heidi Eaves and business consultant Fraser Engel…

    Wendy Woloshyn/ kentemploymentlaw.com- 28 readers -
  • The High Cost of Workplace Abuse

    …. When she declined to sign the release, ACCE took back the severance cheque. Ms. Strudwick sued ACCE for wrongful dismissal and related legal claims related to the abuse, and sought a total of $240,000 in damages from her former employer. The judge who initially heard her case awarded her just over $100,000. Ms. Strudwick appealed this decision…

    Wendy Woloshyn/ kentemploymentlaw.com- 21 readers -
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