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JUST CAUSE FOR DISMISSAL
STACEY REGINALD BALL
82 SCOLLARD STREET TORONTO, ON, M5R 1G2
Call: (416) 921 7997 Ext.225 Email: srball@82scollard.com
STACEY REGINALD BALL
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In Ontario, there are generally two situations where an employer will terminate a non-unionized employee
EMPLOYMENT LAW
Examples of Wrongful Dismissal
The first is when the employer has a legitimate reason to dismiss an employee for “just cause”. The second is when an employer terminates an employee without cause, for a variety of reasons, as long as they are not discriminatory or in bad faith (Please see the article titled “Discrimination” for more information). In the first case, when an employer dismisses an employee for “just cause”, the employer must have a legitimate reason for the termination, as the employee will not receive any termination or severance pay. Canadian employment law requires a very high standard to dismiss an employee for just cause. Generally, there must be serious misconduct by the employee (such as theft, violence, fraud, etc.) to warrant receiving no termination or severance pay.
The employer will normally have to prove “gross misconduct”, and the courts have noted that dismissal for “just cause” is the capital punishment of employment law. See Johar v. Best Buy Canada Ltd. 2016 ONSC 5287. The courts now require a contextual approach to fire an employee for just cause, and there is a requirement of proportionality. See McKinley v BC Tel, 2001 SCC 38 and Dowling v Ontario (Workplace Safety & Insurance Board) (2004), 37 CCEL (3d) 182 (Ont. C.A.). If an employer cannot show the court that dismissal was proportionate given the employee’s position, length of service and the circumstances of the case, then they may need to pay damages and legal fees. In the second case, when an employer dismisses an employee without “just cause”, they are required to provide termination notice or pay in lieu of notice to the terminated employee.
The Employee’s Reasonable Notice Period
The Ontario Employment Standards Act sets out the minimum entitlements that an employer must pay to a terminated employee. Employers may include a termination clause in an employment contract, which seeks to limit the amount of notice or pay in lieu of notice that an employee will receive. However, in the absence of an enforceable termination provision the employee’s reasonable notice period is determined in accordance with the common law. Employees should note that common law reasonable notice can be much greater than the minimums contained in the Employment Standards Act.
An employee who was terminated without cause may be able to claim wrongful dismissal in several situations. Common examples of this include:
- An employer terminates employment without cause, but refuses to pay the employee the appropriate compensation or reasonable notice
- An employer terminates employment and improperly claims there is “just cause”, thus refusing to pay any compensation or reasonable notice
- An employer fundamentally alters the terms or conditions of employment, which results in the “constructive dismissal” of the employee (please see the article titled “Constructive Dismissal”)
Please note that the above information does not constitute legal advice. It is general information about the law. If you are need of legal advice, such as a recently terminated employee or an employer looking to draft an enforceable termination provision, please contact the experts at Stacey Ball – Employment Lawyer in Toronto.
TERMINATED EMPLOYEE
ADDITIONAL ARTICLES ABOUT JUST CAUSE FOR DISMISSAL
Just Cause for Dismissal, According to the Saskatchewan Court of Appeal
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Is CERB Deductible from Wrongful Dismissal Damages?
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Can You Get Fired for Calling In Sick?
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At-Will Employment in Canada
You’ve been hired under an at-will employment contract and you’re wondering if this is enforceable in Canada...
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Helping you recognize and enforce your employment rights
Canadian Employment Law
Mr. Ball is the author of the authoritative and definitive text Canadian Employment Law, published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.
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CLIENT REVIEWS
Google Reviews
Beijia Zhang
21:41 09 Apr 23
Stacy helped me with my case with my previous employer. I have to say that Stacy is the best lawyer I ever met. He worked incredibly hard on my case and helped me fight over the wrongful dismissal, eventually he solved my issue and we settled at a very good deal. I was super impressed by his professionalism and integrity, plus he has passion towards what he is doing. Stacy is the best of all! One of a kind!!!!!!!!
R Cooray
19:11 04 May 23
Stacey and his amazing team did a fantastic job with my case. Their professionalism and many years of experience helped me to settle my case. Stacey has written some of Canadian employment law. I would highly recommend to anyone to seek advise before signing any documents.
Marion Gordon
10:27 13 Jul 23
Stacey Ball fought hard in my wrongful dismissal case and we came out ahead. I am very happy with him and his team. I strongly recommend him if you have a wrongful dismissal case.
Wilma Carlson
17:43 07 Jul 23
Stacey's professionalism and strong communication skills helped me feel informed and reassured throughout the entire process. Thanks to his tenacity and unwavering support, I achieved a successful outcome that I am truly grateful for.
Sharon Smerek
18:28 14 Jun 23
Stacey R. Ball has bar admittance in British Columbia, Alberta, and Ontario. Will give excellent advice, and if you have a case , he will proceed on your behalf . Stacey Ball is known as the best employment lawyer across Canada.
PATRYK Szpindler
11:22 03 Oct 23
Working with Stacey Ball was the best decision for my employment-related case. He was responsive to my questions, addressed all my concerns promptly and, most importantly, secured a fair resolution. Thanks again!!
Pilar M
11:19 03 Oct 23
Stacey R. Ball and his team represented me in my wrongful dismissal case. They exhibited a solid grasp of employment law and guided me through the legal proceedings. They were very diligent, especially in updating me on the status of my case. I really appreciate what they've done for me.
Hanan Wahib
15:16 22 Jan 24
I am very grateful for the outstanding job that Stacy Ball and his team have done.. I want to thank you Stacy for your exceptional professional expertise and unwavering support throughout my case. Your dedication, knowledge, and genuine compassion made a significant impact on the positive outcome.I am grateful to have encountered you both as a lawyer and as a person of great humanity.
Lisa Joslin
20:07 30 Jan 24
I had the pleasure of working with Stacey Ball and his assistants. From the start to the finish, my experience with them was nothing short of outstanding.Stacey possesses an in-depth knowledge of employment laws and regulations. His expertise was evident as he navigated through my case. He took the time to understand my situation, ensuring that I felt heard, understood, and supported throughout the entire process.Communication was clear, prompt, and thorough, making a stressful situation more manageable.I highly recommend Stacey R Ball for anyone seeking expert employment law guidance. Overall, my experience was exceptional, and I am so very grateful for the positive resolution.
sean hogue
22:05 30 Jan 24
I recently used Stacey to resolve an employment issue and was very pleased with the result. This is the second time I've engaged his services over the years. Stacey is the consummate professional, extremely knowledgeable and I'm thankful for his skillful representation. I have also recommended Stacey to others who have experienced the same results.
Melanie Kirkpatrick
17:34 04 Apr 24
I would highly recommend Stacey Ball. If you're seeking an employment lawyer who is not only highly skilled but also genuinely cares about their clients, look no further than Stacey Ball. He is simply the best in the business!I must also applaud his outstanding assistant, Amy. With Amy's proactive communication, together, they form an unbeatable team!