dismissal for cause in canada - 5 things you must know

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youcounsel.ca youcounselforum s.ca Dismissal For Cause in Canada – 5 Things You Must Know

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Page 1: Dismissal For Cause in Canada - 5 Things You Must Know

youcounsel.ca

youcounselforums.ca

Dismissal For Cause in Canada – 5 Things You Must Know

Page 2: Dismissal For Cause in Canada - 5 Things You Must Know

youcounsel.ca

youcounselforums.ca

Disclaimer

• Not legal advice• Specific questions:• Contact a lawyer or paralegal• Referral Service – Law Society

Page 3: Dismissal For Cause in Canada - 5 Things You Must Know

youcounsel.ca

youcounselforums.ca

Just Cause Dismissal

• Employee Misconduct• Contextual approach

•Capital Punishment of Employment Law

Page 4: Dismissal For Cause in Canada - 5 Things You Must Know

youcounsel.ca

youcounselforums.ca

1. Rights when Dismissed for Cause

• No termination rights• No severance• No reasonable notice• No employment insurance

Page 5: Dismissal For Cause in Canada - 5 Things You Must Know

youcounsel.ca

youcounselforums.ca

2. Single Incident

• Could be sufficient• Example: violence at work

Page 6: Dismissal For Cause in Canada - 5 Things You Must Know

youcounsel.ca

youcounselforums.ca

3. Cumulative Infractions

• Could be sufficient• Ex: Ongoing absenteeism

Page 7: Dismissal For Cause in Canada - 5 Things You Must Know

youcounsel.ca

youcounselforums.ca

4. Progressive Discipline

• May not be required• Prior warnings• Workplace Policies

Page 8: Dismissal For Cause in Canada - 5 Things You Must Know

youcounsel.ca

youcounselforums.ca

5. Just Cause Examples

• Stealing/embezzling money• Violence• Harassment• Disobedience• discrimination

Page 9: Dismissal For Cause in Canada - 5 Things You Must Know

youcounsel.ca

youcounselforums.ca

5. No Just Cause Examples

• Performance issues• Not meeting targets• Minor infractions

Page 10: Dismissal For Cause in Canada - 5 Things You Must Know

youcounsel.ca

youcounselforums.ca

Questions/Comments

Email: [email protected]: clarity.fm/amermushtaqOnline: www.youcounselforums.ca

Need Legal Advice: www.formativelaw.ca