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- 17 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?

    … 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 -
  • 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?

    … of you considering incorporating workations into your company culture, here’s a quick list of additional pros and cons to add to the mix: Pros Workplace flexibility, in the form of workations or otherwise, can be a creative way to attract talent. A workation has the potential to increase engagement as it can help inject some fun and adventure…

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

    … that probationary periods are not helpful to either employers or employees. Furthermore, employers have a legal duty to act in good faith towards their employees, regardless of whether they are on probation. Both during the employment period (see Bhasin v. Hrynew) and at the time of dismissal (see Honda v. Keays), an employer must act in good faith, which…

    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- 23 readers -
  • Employer Forum Recap: Recruitment and Hiring

    … contract”. A dependent contractor is economically dependent on one employer, works exclusively for one employer, and may be entitled to reasonable notice upon termination of the working relationship. Read Trevor’s blog post on a recent court decision out of Ontario here to learn more. Constructive Dismissal. Constructive dismissal occurs when…

    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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