There is widespread misunderstanding regarding the law of dismissal in Canada.
To begin with, employees can be dismissed at any time, for almost any reason. However, unless there is just cause for dismissal, employers are obligated to provide employees both with their legislative entitlements pursuant to provincial or federal employment standards legislation, as well as their common law entitlements known as “reasonable notice” or “the severance package”.
Those employers who continue to believe that notice of dismissal is always one month per year of service, or that any employee caught breaching a workplace policy can be summarily dismissed, can expose an organization to substantial liability. Above all, employers must conduct themselves fairly and reasonably in order to avoid extraordinary damages later on. In recent months, several six and seven figure awards have been rendered in employment-related claims where employers failed to meet their legal obligations. We understand how to help you avoid substantial damages; after all, Natalie MacDonald wrote the only textbook of its kind on Extraordinary Damages in Canadian Employment Law.
Whether you are dismissing the employee for cause, or without cause, MacDonald & Associates provides employers with expert counsel at all stages of the termination process. Our experts can answer your questions about the requirements regarding notification and compensation,and provide an impartial and objective assessment of the situation.