Wrongful Dismissal LawyersDon’t Let Unjust Dismissal Hold You Back!Are you facing a constructive dismissal, wrongful dismissal, or unjust dismissal situation at work? Whitten & Lublin Employment Lawyers can help you …
Just cause may be established by a progressive discipline (verbal warning, written warning and then termination, for example), or for a single incident of misconduct. For a single act, the …
With no legal entitlement to continued employment, Canadian employees decry that the law of dismissal favours their employer. Employers, however, don’t have a magic bullet for liberating themselves from unsatisfactory employees; most mistakes are made by the employees themselves.
Dismissing an underperformer is not an easy task! Court cases clearly state that employers owe a duty to provide employees with the opportunity and means required to improve underperformance, if dismissing them on those grounds. Judges require that employers prove an employee was grossly incompetent, and that progressive warnings were issued, clearly identifying areas of concern.
Frequently Asked Questions Find the answer to your frequently asked questions about employment law and workplace matters and disputes.When do you need an employment lawyer?What is constructive dismissal?What is wrongful …
Termination DisputesYou can be terminated from your job without any reason, if your employer provides you with severanceYour employer has the right to dismiss you without reason, if they provide …
Special to The Globe and Mail The case for terminating workers who engage in sexual harassment is stronger than ever. Previously, allegations were treated differently by both companies and courts. …
Today, much of the Canadian work force believes they are being “bullied” or “harassed.” But despite statutory definitions and workplace policies attempting to define this behaviour, it is still usually a matter of perception. A tough boss to one employee is often a bully to another. Since bullying and harassment are often in the eyes of the beholder, when do our courts and labour tribunals intervene? And when does bullying or harassment justify a successful lawsuit?
Employees often author their own workplace misfortunes. Few take advantage of laws that are construed in their favour. Fewer will challenge their employer’s decisions, however unjust. Most will just complain. But if you have an inclination to fight back, here are some do’s and don’ts.
Frequently, I’m consulted by employers seeking to dismiss their habitual underperformer. My usual prescription for a tidy divorce: gather ammunition and create a paper trail documenting any and all allegations and concerns.Typically, this is accomplished by a series of negative performance appraisals. If the employee then wishes to go to war, he’ll have a mountain of evidence to overcome.
