Wrongful Dismissal
Table of Contents
Wrongful Dismissal 2
Just Cause 2
Reasonable Notice 4
Constructive Dismissal 5
Watson v. Seacastle Enterprises Inc. 5
Did the defendant wrongfully dismiss the plaintiff? 6
Did the defendant constructively dismiss the plaintiff? 7
What are the damages owed to the plaintiff? 8
Impact on the Hospitality Industry 9
Conclusion 1
Recommendation 1
Work Cited 1
What is Wrongful Dismissal?
Dismissal refers to the employer 's choice to let go of the employee generally for a fault that the employee caused. The most common everyday term for dismissal is "getting fired." Under the common law and provincial employment standards act, employer is required to provide the employee with a reasonable period of notice before termination or money in lieu of notice. Wrongful dismissal may arise when an employer dismissed an employee without cause and without reasonable notice or money in lieu of notice . In this case, employee may sue to recover not only money owed in lieu of notice, but also damages for the loss of commissions, bonus, or benefits.
Just Cause
Just Cause means that the employer was justified in firing the employee without notice .
To determine whether there is just cause for dismissal, employer needs to consider two things: (1) whether the employee’s misconduct may be proven; and (2) whether the degree of the misconduct is sufficient to dismiss the employee without notice. If the answer to both questions is yes, then there will be just cause for the dismissal. However, if the answer for either question is no, then the employer is still obligated to give reasonable notice of termination or payment instead of the notice. For example, in Geluch v. Rosedale Golf Assn., Ltd., the court held that the employee’s act of taking food and wine home from the golf club was not serious enough to warrant dismissal without notice even though he managed to do so without paying for it. The judge ruled it this way because the employee’s job
Wrongful Dismissal 2
Just Cause 2
Reasonable Notice 4
Constructive Dismissal 5
Watson v. Seacastle Enterprises Inc. 5
Did the defendant wrongfully dismiss the plaintiff? 6
Did the defendant constructively dismiss the plaintiff? 7
What are the damages owed to the plaintiff? 8
Impact on the Hospitality Industry 9
Conclusion 1
Recommendation 1
Work Cited 1
What is Wrongful Dismissal?
Dismissal refers to the employer 's choice to let go of the employee generally for a fault that the employee caused. The most common everyday term for dismissal is "getting fired." Under the common law and provincial employment standards act, employer is required to provide the employee with a reasonable period of notice before termination or money in lieu of notice. Wrongful dismissal may arise when an employer dismissed an employee without cause and without reasonable notice or money in lieu of notice . In this case, employee may sue to recover not only money owed in lieu of notice, but also damages for the loss of commissions, bonus, or benefits.
Just Cause
Just Cause means that the employer was justified in firing the employee without notice .
To determine whether there is just cause for dismissal, employer needs to consider two things: (1) whether the employee’s misconduct may be proven; and (2) whether the degree of the misconduct is sufficient to dismiss the employee without notice. If the answer to both questions is yes, then there will be just cause for the dismissal. However, if the answer for either question is no, then the employer is still obligated to give reasonable notice of termination or payment instead of the notice. For example, in Geluch v. Rosedale Golf Assn., Ltd., the court held that the employee’s act of taking food and wine home from the golf club was not serious enough to warrant dismissal without notice even though he managed to do so without paying for it. The judge ruled it this way because the employee’s job
Cited: Longchamps, Donald; Wright, Bradley H., Canadian Hospitality Law, Liabilities and Risk Third Edition. Published by Nelson Education Ltd. (2007) Dimissal.ca 17 Nov. 2007. Brister Yeager Law Corporation. Retrieved 17 Nov. 2007 <http://www.dismissal.ca/index.htm>. Wikipedia, 2007. Retrieved 19 Nov 2007 <http://en.wikipedia.org/wiki/Termination_of_employment#Dismissal> “What is Just Cause for Dismissal?” Zvulony & Co. 2007. Retrieved 17 Nov. 2007 <http://www.zvulony.com/just_cause.html > Bardal v. Globe & Mail Ltd., (1960) 24 DLR 140 (Ont. H.C.) Watson v Seacastle Enterprises Inc., (2007) BCSC 365 “Wrongful Dismissal Law in Canada” Duhaime Law. Aug. 2007. Retrieved 19 Nov.2007 <http://www.duhaime.org/LegalResources/EmploymentLabourLaw/tabid/342/articleType/ArticleView/articleId/104/Wrongful-Dismissal-Law-in-Canada.aspx> “Constructive Dismissal” Human Resources and Social Development Canada. 25 Sept. 2000. Retrieved 19 Nov. 2007 < http://www.hrsdc.gc.ca/en/lp/lo/opd-ipg/ipg/033.shtml>