In the vast majority of cases, what we receive is a file that does not contain a single negative comment. The unwritten rule is that it will not exceed 24 months, though the trend is to see increasing numbers. Termination for Just Cause may be valid based on the following examples: But is Termination for Cause as straightforward as you would like? Examples may include sexual harassment or assault of a co-worker and off-duty criminal conduct which is prejudicial to the employer’s reputation. Courts are very protective of employees, whether in the context of dismissal, accommodation, or otherwise. He can be reached at [email protected] or 416.864.8500. The most common factors are often known as the “Bardal Factors, after the Bardal v. Globe & Mail, decision, which are age, length of service, nature of the dismissed employee’s position, and availability of similar employment. Trustworthiness is a key factor in any employment relationship. This common question is best answered by first understanding both the definition of Termination and definition of Dismissal. They then broach the issue of whether they can do so for cause, at which point we ask them to send us the employee’s file. In most cases, there is no such contractual provision, and the employee will be entitled to “reasonable notice”. Those of you who work with Employment Lawyers will have heard this before: the best thing that an employer can do is to “Document, Document, Document!”. It is highly recommended that you always contact an experienced employment lawyer prior to termination of an employee. Unless your employment contract states otherwise, your employer does not need a reason to terminate your employment as long as it provides you with sufficient notice of your termination or payment in lieu of notice. In many cases, it will be close to a month per year, but it can be significantly more. Last step of employment where a worker is let go. For example, lying to your employer about an important qualification for the position can constitute just cause for dismissal. Failure to perform your duties can lead to dismissal. A Just Cause Termination letter should be carefully prepared and vetted by legal counsel and Human Resources. Document performance concerns, misconduct, disciplinary actions, requests for accommodation, and anything else that may become contentious. An employee may be terminated for cause for engaging in serious misconduct. Furthermore, if an employer alleges just cause and then loses a wrongful dismissal suit, they will be liable for all pay in lieu of notice, possibly other damages if a court finds that they acted in bad faith, their own legal fees, and a portion of the employee’s. Because these are serious allegations, an employer must be able to prove that you intended to steal or commit fraud. Given the harshness of a for cause dismissal, it is often referred to as “the capital punishment of employment law”. One obvious area where this is relevant is discipline and dismissal. Consult one of our experienced Employment lawyers at Raven, Cameron, Ballantyne and Yazbeck LLP if you have been terminated from your employment. The bottom line is that whether you need to justify discipline or dismissal, investigate harassment, or respond to allegations of failure to accommodate, documentation is critical. Otherwise, many courts and arbitrators will “default” in favour of the employee. ], Julia Williams Presents on Human Rights Issues in Job Interviews, David Yazbeck Appears Before Standing Committee on Industry, Science and Technology, James Cameron to Present on Public Service Terminations. As we must then explain to our client, the lack of evidence of any ongoing concerns, and the fact that the employee was apparently never advised of any concerns, or of the consequences of failing to remedy the situation, means that a dismissal for cause is extremely unlikely to withstand scrutiny.