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- 16 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 worked for Utopia Day Spas and Salons as a skincare therapist. After approximately 11 years of employment, Utopia gave our client three months to alter her performance or be dismissed. Ultimately, Utopia decided that our client’s performance had not improved to its satisfaction and dismissed her, alleging they had just cause to do so…

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

    … in the media discussion surrounding this issue when I spoke to Andrew Chang on CBC television.) The Bill, which would prohibit the Workers’ Compensation Board from imposing standards that vary based on a worker’s gender, gender expression, or gender identity, seeks to outlaw gender-based discrimination in the workplace. (As the Bill amends…

    Wendy Woloshyn/ kentemploymentlaw.com- 15 readers -
  • Richard Weighs in on Court’s Response to Burger King Firing (AdvocateDaily.com)

    … Firing over fast food meal leads to rare aggravated damages award AdvocateDaily.com (by April Cunningham, Associate Editor) Richard Johnson shares his perspective on the recent wrongful dismissal win by the former Burger King employee fired for taking a meal from her employer. Read the full article here. The post Richard Weighs in on Court’s Response to Burger King Firing (AdvocateDaily.com) appeared first on . …

    Wendy Woloshyn/ kentemploymentlaw.com- 7 readers -
  • Workations: A Path Towards Sustainable Employment?

    … Erin Brandt, Contributor. Workations as a concept are nothing new. Employees, executives and business owners brought paperwork with them on holiday and maintained remote contact with the office long before we entered the Digital Age. Even the term itself has gone mainstream, as evidenced by its inclusion in the online Urban Dictionary…

    Wendy Woloshyn/ kentemploymentlaw.com- 16 readers -
  • Probation: Why Bother?

    …. The January 2017 BC Supreme Court decision in Ly v. British Columbia (Interior Health Authority) inspired us to consider the issue from a different perspective. Put simply: Are probationary periods necessary or advisable? The Case of Ly v. IHA Mr. Ly’s employment contract with IHA included a 6 month probationary period for new employees. When he…

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

    … David Brown, Lawyer. Probationary periods in employment… for something seeming so simple, they still cause a lot of confusion, and employees and employers alike are frequently mistaken about the legality of probationary periods and how they apply to the non-unionized worker. Employees who are terminated during probationary periods often accept…

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

    … constructively dismissed. If you missed our November Forum, you’re in luck – we will be providing these opportunities to support and learn from your peers (and our lawyers) on a regular basis. The next event in this quarterly series happens in February 2017. Stay tuned for details… Share with others The post Employer Forum Recap: Recruitment and Hiring appeared first on . …

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

    … Contributor, Richard Johnson. Earlier this year, the Ontario Court of Appeal made an example of Mississauga employer Applied Consumer and Clinical Evaluations (ACCE ) when it ordered it to pay former employee Vicky Struckwick almost a quarter million dollars as compensation for her dismissal and the “campaign of abuse” she suffered…

    Wendy Woloshyn/ kentemploymentlaw.com- 21 readers -
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