Terminating employees for cause: lessons from the Canadian healthcare sector
By Ian Campbell It seems to be increasingly difficult to justify terminations for cause—even when an employee is found to have engaged in serious misconduct. Decision makers will consider many...
View ArticleFederal sector employers have right to dismiss without cause, too
by Bonny Mak Waterfall There’s good news for Canadian employers in the federal sector—those engaged in federal works and undertakings such as airlines, airports, railways, banking, interprovincial...
View ArticleThe case for cause with a single act of employee misconduct
by Keri Bennett The Supreme Court of Canada tells Canadian employers that they must strike a balance between the severity of the misconduct and the sanction imposed when deciding whether to terminate...
View ArticleCase signals lower threshold for mental distress when cause allegation fails
By Thora Sigurdson The British Columbia Supreme Court recently awarded damages for mental distress in the context of a termination for cause. The decision in George v. Cowichan Tribes signals that it...
View ArticleAn abbreviated case for cause
by Keri Bennett We all know litigation is expensive. That’s particularly true when an employer seeks to justify a for-cause termination. But there may be an alternative to protracted litigation. In...
View ArticleExtraordinary damages not automatic in ‘cause’ cases
by Keri Bennett In Canada, courts can award two extraordinary forms of damages in a wrongful dismissal action: aggravated damages or punitive damages. In a wrongful dismissal action, employees who are...
View ArticleCanadian Employers May Be Obligated to Provide References
by Stephen Acker and Christopher Ferguson Letters of reference are understandably important to employees. For many employees, they are considered essential rather than a hopeful add-on to an...
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