Often a sensitive issue, many companies have struggled with the dilemma of how to lay off senior or long-serving employees. Before taking any action, it’s usually a good idea to seek consultation from a lawyer. Here are a few sites that may provide insight into the issues to consider when terminating a long-service worker.
Providing notice
www.duhaime.org/ca-wd.htm
This short article asks some important questions including, “Was the person an employee?” and, “What period of notice is appropriate?” The article also explores some of the reasons for just cause dismissal where notice is not required.
Wrongful dismissal versus termination without cause
www.canadaone.com/ezine/feb02/employment_law.html
This article explains the main difference between wrongful dismissal and termination without cause. Knowing the difference can save an employer from claims of unlawful termination.
A source of links
www.grosman.com/legalinfoindex.html
This site is maintained by Grossman, Grossman & Gale, and offers dozens of hyperlinks to short half-page discussions on a variety of topics such as wrongful dismissal, dismissal without compensation and pre-employment contracts.
The concept of “near cause”
www.canadalegal.com/gosite.asp?s=2201
When an employee’s misconduct warrants reprimand but not termination without notice, some companies have relied on the concept of “near cause” to justify reduced payments in lieu of notice. This site documents recent Supreme Court decisions that have challenged the concept. It also notes the importance of having well established policies on harassment including a process for fair and full investigation of complaints.
Bad faith
www.canadalegal.com/gosite.asp?s=2472
The first article posted on this site uses a Supreme Court of Canada decision as an example of what a successful wrongful dismissal claim entails. In the case of Wallace v. United Grain Growers Ltd., the employer was held accountable for how it dismissed the employee.
Bad faith 2
www.canadalegal.com/gosite.asp?s=4246
Another summary of the case of Wallace v. United Grain Growers Ltd. is found on this site, and the brief article reaffirms the right of employees to expect reasonable notice of employment termination. Also considered in this case is the “bad faith” approach of over-inflating the employees’ contribution to the circumstances of the dismissal.
The other side of the suit
www.canadalegal.com/gosite.asp?s=4260
The paper is titled, “Advising the dismissed employee on a severance package,” which comes in the form of a PDF file — it is 14 pages in length. This article looks at dismissal through the eyes of the dismissed employee and the lawyers who advise them. It’s useful for those conducting termination interviews and involved in the preparation of termination packages.
Employment law from a pro
http://ourworld.compuserve.com/homepages/pntodd/labour/wdisal/wdisal.htm
These are the personal notes of Paul Todd, senior law lecturer at University of Wales Swansea, on the subject of employment law. The layout of the page is “rough” and “to-the-point,” however, the content is still valuable. Although the cases mentioned are from the U.K. and may have less relevance to Canadian employers.
Wrongful taxes
http://globeandmail.workopolis.com/servlet/News/rprinter/20010726/lqa20010726
Are proceeds from a wrongful dismissal suit taxable? This Q & A section provides the answer.
Quick hits
http://www.carterslawfirm.com/seminar/church&law/2001/dismisal_files/frame.htm
If you’re just looking for highlights, this 12-slide presentation hits on the subject of wrongful dismissal in a quick and easy browse.
Tips and examples
www.newmonday.co.uk/html/career-channel/legal_advisor/dismissals.html
This is a U.K. site, however, it offers some interesting tips, case studies and real-life examples which illuminate the subject of wrongful dismissal.
Publications
www.carswell.com
Canadian legal and HR publisher Carswell offers a number of products on wrongful dismissal (and all other employment law fields).
Joe Nunes is an actuary and president of Actuarial Solutions Inc. in Oakville, Ont. He can be reached at (905) 257-2038 or [email protected].
Providing notice
www.duhaime.org/ca-wd.htm
This short article asks some important questions including, “Was the person an employee?” and, “What period of notice is appropriate?” The article also explores some of the reasons for just cause dismissal where notice is not required.
Wrongful dismissal versus termination without cause
www.canadaone.com/ezine/feb02/employment_law.html
This article explains the main difference between wrongful dismissal and termination without cause. Knowing the difference can save an employer from claims of unlawful termination.
A source of links
www.grosman.com/legalinfoindex.html
This site is maintained by Grossman, Grossman & Gale, and offers dozens of hyperlinks to short half-page discussions on a variety of topics such as wrongful dismissal, dismissal without compensation and pre-employment contracts.
The concept of “near cause”
www.canadalegal.com/gosite.asp?s=2201
When an employee’s misconduct warrants reprimand but not termination without notice, some companies have relied on the concept of “near cause” to justify reduced payments in lieu of notice. This site documents recent Supreme Court decisions that have challenged the concept. It also notes the importance of having well established policies on harassment including a process for fair and full investigation of complaints.
Bad faith
www.canadalegal.com/gosite.asp?s=2472
The first article posted on this site uses a Supreme Court of Canada decision as an example of what a successful wrongful dismissal claim entails. In the case of Wallace v. United Grain Growers Ltd., the employer was held accountable for how it dismissed the employee.
Bad faith 2
www.canadalegal.com/gosite.asp?s=4246
Another summary of the case of Wallace v. United Grain Growers Ltd. is found on this site, and the brief article reaffirms the right of employees to expect reasonable notice of employment termination. Also considered in this case is the “bad faith” approach of over-inflating the employees’ contribution to the circumstances of the dismissal.
The other side of the suit
www.canadalegal.com/gosite.asp?s=4260
The paper is titled, “Advising the dismissed employee on a severance package,” which comes in the form of a PDF file — it is 14 pages in length. This article looks at dismissal through the eyes of the dismissed employee and the lawyers who advise them. It’s useful for those conducting termination interviews and involved in the preparation of termination packages.
Employment law from a pro
http://ourworld.compuserve.com/homepages/pntodd/labour/wdisal/wdisal.htm
These are the personal notes of Paul Todd, senior law lecturer at University of Wales Swansea, on the subject of employment law. The layout of the page is “rough” and “to-the-point,” however, the content is still valuable. Although the cases mentioned are from the U.K. and may have less relevance to Canadian employers.
Wrongful taxes
http://globeandmail.workopolis.com/servlet/News/rprinter/20010726/lqa20010726
Are proceeds from a wrongful dismissal suit taxable? This Q & A section provides the answer.
Quick hits
http://www.carterslawfirm.com/seminar/church&law/2001/dismisal_files/frame.htm
If you’re just looking for highlights, this 12-slide presentation hits on the subject of wrongful dismissal in a quick and easy browse.
Tips and examples
www.newmonday.co.uk/html/career-channel/legal_advisor/dismissals.html
This is a U.K. site, however, it offers some interesting tips, case studies and real-life examples which illuminate the subject of wrongful dismissal.
Publications
www.carswell.com
Canadian legal and HR publisher Carswell offers a number of products on wrongful dismissal (and all other employment law fields).
Joe Nunes is an actuary and president of Actuarial Solutions Inc. in Oakville, Ont. He can be reached at (905) 257-2038 or [email protected].
