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Category: Just Cause for Termination

Can you be terminated for poor performance?

By , July 10, 2017 12:36 pm

Sometimes, an employer will claim an employee’s poor performance is just cause for termination to avoid paying termination pay. It is generally difficult for an employer to prove that poor performance is just cause. If the employer does not have just cause, then the employee is entitled to termination pay. In addition, claiming just cause Continue Reading…

Failing to provide a doctor’s note is not necessarily “just cause”

By , March 8, 2017 3:20 pm

Generally speaking, an employer may terminate an employee as long as it provides the employee with notice of termination. However, if an employer has ‘just cause’ for the termination, the employer does not need to provide any notice. One of the grounds employers try to rely on to prove just cause for dismissal is the Continue Reading…

When Can Your Employer Terminate You for Just Cause?

By , February 14, 2017 2:51 pm

“Just Cause” is a legal term that describes when employers can terminate employees without providing any notice of termination or pay in lieu of notice. In a 2016 decision, the Ontario Court of Appeal found that a teacher’s misconduct was serious enough to warrant a just cause termination. The Legal Test for Just Cause An Continue Reading…

What kind of damages are you entitled to if an employer engages in malicious conduct?

By , November 29, 2016 5:28 pm

Did you know that judges will sometimes award punitive damages to an employee when an employer engages in malicious conduct? This blog summarises one such case. Morison v Ergo-Industrial Seating Systems Inc. Mr. Morison was the company’s regional manager and a top salesperson who was unaware of any issues relating to his performance until, during Continue Reading…

Court Says No Just Cause for Humane Society

By , November 18, 2016 5:20 pm

The courts have described just cause terminations as the “capital punishment” of employment law. If an employee is terminated for “just cause,” the employer is not obligated to pay the employee any termination or severance pay. However, courts will take a close look at whether an employer is justified in firing an employee in this Continue Reading…

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