Problem Employee Solutions

Resources and information for unacceptable employee behaviour in Canada

Thursday, June 01, 2006

Termination of an Employee

Useful Links

Loss Control Bulletin No. 18
February 2004
(http://www.encon.ca/admin/documents/89DO18E.pdf)


Termination of an Employee

Some key concepts about termination that are incorporated into all Employment/ Labour Standards in Canada are:

'Termination with Cause' or 'Termination with Just Cause'

Termination with cause or termination with just cause means that an employee is dismissed for a very serious reason related to the employee's conduct.
Not all Employment/Labour Standards define 'termination with cause'. Those that do refer to: wilful misconduct, disobedience, deliberate neglect of duties as reasons for termination with cause.

'Termination without Cause'

Termination without cause means that the employee is being terminated for reasons that are not related to misconduct and notice of the termination is required as outlined in the Employment/Labour Standards.
http://www.hrcouncil.ca/people/pg003_e.cfm

What is the generally accepted definition of the term 'just cause' for termination.
http://globeandmail.workopolis.com/servlet/Content/legalq-a/20031003/lqa20031003?section=LegalQA

Wrongful Dismissal
By Patrice B. Newman, Barrister & Solicitor
http://www.victorialaw.bc.ca/practice/dismissal.htm

12 Thoughts on Employee Terminations
http://labourlawblog.typepad.com/managementupdates/2005/04/ways_to_reduce_.html

Firing employee not always end of story
You might be surprised by the new definition of 'just cause'By Mike Dempster - Business Edgehttp://www.businessedge.ca/article.cfm/newsID/9063.cfm

Termination for Incompetence
Janice Payne, Barrister and Solicitor, Shane Sawyer, Student-at-law
Nelligan O’Brien
http://www.nelligan.ca/e/pdf/Termination_for_Incompetence_(JBP).pdf

Termination of Employment & Severance Pay
http://www.labour.gov.on.ca/english/es/factsheets/fs_termination.html

Wrongful Dismissal Law in Canada

Duhaime's Employment & Labour Law Center
http://www.duhaime.org/Employment/ca-wd.aspx

Recent Developments in the Law of Just Cause

By Tim Lawson and John Lewis of Our Labour and Employment Law Practice
http://www.lexpert.ca/labour/files/Nota_bene-Just_Cause-Final-Sept2003.pdf

Overview of Part III of the Canada Labour Code (Labour Standards)
http://www.fls-ntf.gc.ca/en/presentation1.asp

Good faith and wrongful termination in Canada and the United States: a comparative and relational inquiry.
Robert C. Bird, Darren Charters
http://www.allbusiness.com/periodicals/article/343202-1.html

Termination of Employment
http://www.rhdcc.gc.ca/asp/gateway.asp?hr=/en/lp/spila/clli/eslc/07termination_of_employment.shtml&hs=lxn

Terminations
Part III of the Canada Labour Code (Labour Standards)
http://www.rhdcc.gc.ca/asp/gateway.asp?hr=/en/lp/lo/lswe/ls/publications/10.shtml&hs=lxn

Unjust Dismissal
Part III of the Canada Labour Code (Labour Standards)
http://www.rhdcc.gc.ca/asp/gateway.asp?hr=/en/lp/lo/lswe/ls/publications/8.shtml&hs=lxn

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