Canadian Employment, Labour Law, Wrongful Dismissal, Termination without Cause.

Employment Law

Employment law involves the legal rights and obligations that regulate all aspects of the workplace relationship between employers and employees. It includes issues such as:

hiring,

contractual agreements,

wrongful dismissal,

health and safety,

human rights,

employment standards,

retirement,

benefits,

workers compensation, etc.

Wrongful Dismissal

A dismissal becomes a wrongful dismissal where the employer dismisses without just cause, and does not provide notice or pay in lieu of such notice as is required at law. What notice is required upon dismissal is determined with reference to one or more of the following: relevant employment legislation, the contract of employment itself, or the common law.

Constructive dismissal occurs where the employer significantly changes a fundamental term of the employment contract without the consent or agreement of the employee, and the employee then rejects that change. Constructive dismissals are very technical, and you will need immediate legal advice to preserve your rights.

Generally, the employer may dismiss for any reason, but if there is no just cause, then to avoid wrongful dismissal, the employer must provide the notice or pay in lieu of notice required by law.

Termination without Cause

In contrast to wrongful dismissal, termination without cause is lawful if done correctly. Termination of employment without cause occurs where an employee is terminated from their employment, not necessarily because they have done something terribly wrong to the employer, but rather because their employer, for whatever reason, has decided that the employee's services are no longer needed. The reasons for this could vary from economic reorganization to unsatisfactory work performance.

Workers' Compensation Boards in Canada

Workers Compensation Insurance is mandatory for all Canadian employers. Workers' Compensation insurance protects employers from claims resulting from injuries to employees. It protects businesses from lawsuits and provides employees with compensation for on-the-job injuries.