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Termination of Employment and Wrongful Dismissal in Canada
Author
:
Peter Barnacle
How should courts and legislators balance the interests of employees against the employer’s interest in a flexible and productive workforce? This is just one of the questions explored in this insightful new publication.
Publication Language: English
Published: November 14, 2020
Publisher: LexisNexis Canada
As Peter Barnacle explains in the opening chapter of his text, Termination of Employment and Wrongful Dismissal in Canada, “most legal disputes over employment arise when one party (usually the employer) terminates the contract. Therefore, most of the common law of employment engages the termination of employment and the various rights and obligations involved … Together with human rights codes and other related statutes, employment legislation now applies to the full length of the employment relationship.”
In this volume, the focus is on termination of employment without cause – also referred to as “wrongful dismissal” – including the applicable common law remedies, legislative oversight and the ways in which it differs from dismissal with just cause.
Up-to-Date, Comprehensive Content
Written by a leading practitioner and based in part on the authoritative loose-leaf text Employment Law in Canada, 4th Edition, this new book fills a void in Canadian employment law-related resources by offering an in-depth examination of termination of employment and wrongful dismissal. The up-to-date, expert commentary, guidance and analysis will be extremely valuable to anyone dealing with termination issues – whether employers, employees or lawyers. In particular, because it outlines and explains the remedies available in common law, Termination of Employment and Wrongful Dismissal in Canada will be a useful reference for anyone seeking to understand what an employee is entitled to upon being wrongfully dismissed.
This new publication will be an essential acquisition for:
- Employment lawyers who require information and guidance on wrongful dismissal law and remedies in Canada
- In-house lawyers, especially in-house employment and labour law counsel, who must understand the law of wrongful dismissal and firing for just cause so they can advise their company on firing practices and the related repercussions
- Human resources professionals who need insight into the law of wrongful dismissal and firing for just cause in order to provide direction to their company
- Law libraries who want to offer patrons the resources they require
Chapter 1: Overview
A. The landscape of employment law in Canada
B. Termination of employment at common law
C. Statutory unjust dismissal
Chapter 2: Wrongful dismissal: Termination without due notice or pay in lieu
A. Overview
B. Statutory notice requirements
C. The common law requirements
Chapter 3: Distinguishing wrongful dismissal from dismissal for cause
A. The theory of dismissal
B. Entitlement to wages to time of dismissal
Chapter 4: Voluntary quitting and constructive dismissal
A. Establishing a voluntary quit
B. Involuntary quit: Constructive dismissal
C. Continuing to work under changed terms and conditions
Chapter 5: Wrongful dismissal: Common law remedies
A. Compulsory reinstatement: Availability at common law
B. Financial compensation
C. Compensation for other rights and benefits
D. Ancillary economic losses consequential to dismissal
E. Employee duty to mitigate
F. Collateral and third-party benefits
G. Aggravated damages
H. Punitive damages
Chapter 6: Wrongful dismissal: Legislative oversight
A. Dismissal contrary to legislation
B. Unjust dismissal provisions in the Canada Labour Code
C. Other unjust dismissal statutory regimes
D. Wrongful dismissal: Statutory forms of employment and public office holders
