Dismissal With Cause

There are two types of dismissal in Canada: with cause, and without cause. The vast majority of dismissals are without cause, in which case the employee must be provided with the appropriate notice or termination pay. If an employee is dismissed for cause, then they are not entitled to any notice or termination pay at all (other than the nominal amount that may be required by statute in some cases).

Stuart has spent years studying the law regarding dismissal for cause, and has literally written the book. He knows that courts are often reluctant to find that just cause for dismissal exists, as the consequences for the employee are so harsh. After all, some Judges have referred to summary dismissal as the “capital punishment of employment law”. However, as Stuart often says, “just cause is not a lost cause”; employees can be summarily dismissed where the circumstances warrant such a result. In the course of updating his book, You’re Fired! Just Cause for Dismissal in Canada, he reviews every just cause case in Canada. He knows that every year, there are many cases where courts and arbitrators find just cause for dismissal.

That said, we also know that employers who act hastily, without proper investigation and consideration, expose themselves to substantial liability. Our courts have made it quite clear that when considering dismissal, an employer must consider not only the incident or misconduct in question, but all relevant factors. In some cases, two employees that are guilty of the same offence will receive different levels of punishment.

Our team will assist you through the investigation of alleged wrongdoing to the assessment of the appropriate discipline. If summary dismissal is warranted, we will ensure that it is implemented properly.