Wrongful,Dismissal,Law,Canada, law Wrongful Dismissal Law in Canada
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"In wrongful dismissal cases, the wrongsuffered by the employee is the breach by the employer of the implied contractterm to give reasonable notice before terminating the contract of employment.Damages are awarded to place the employee in the same position as he/she wouldhave been had reasonable notice been given."The first definition of Wrongful Dismissal Wrongfuldismissal is a situation when an employee is fired without the so called "reasonablenotice". Basically the employer terminates the employment contract of theemployee and the termination breaches one or more terms of the contract ofemployment, or a statute provision in employment law. The scope for wrongfuldismissal varies depending on the terms of the employment contract andjurisdiction. The absence of a written formal contract doesnt precludewrongful dismissal in jurisdictions in which a de facto contract is taken toexist by virtue of the employment relationship. Adismissal is considered wrongful if an employee is fired or the employmentcontract is changed without warning. Also there is a constructive dismissalwhen employer changes the employment contract without noticing the employee.Usually such changes can be made to most serious parts like as wages or salary. After the contract is changed the employee isforced to accept it or quit. In this case the employer can be suited. Theemployer must dismiss an employee according to rules set in the contract, itdoesnt matter if the contract is in written or in oral form, or it is acombination of oral and written form. In Canadian law there are two types ofdismissal - dismissals with cause and dismissals without cause. Cause can bedefined as behavior or actions of an employee that breach the fundamentalprinciples of the employment contract. If a cause exists the employer can firethe employee without providing any notice, if there is no cause the dismissalis considered to be a wrongful dismissal and can have bad consequences for theemployer. A wrongful dismissal allows an employee to claim monetary damages forthe wages, commissions, bonuses, profit sharing and other such emoluments theemployee would have earned or received during the lawful notice period, minusearnings from new employment obtained during the lawful notice period. There aretwo main options available to an employee who was wrongfully dismissed. He orshe can file an employment standards claim, it is simple and cheap but themaximum amount that can be obtained from such claim is $10,000. The secondoption, with no limitations on compensation, is to commence a civil actionagainst their employer. Nevertheless this option is expensive, time consumingand lengthy, because it will go a standard case process, still a mediation ofsome other form of alternative dispute resolution is always possible. There isalso a possibility to for an employee to receive the work back in somecases. It is very important to seeklegal advice before starting any claims, so if you are completely sure that thedismissal was wrongful find an experienced labor lawyer.
Wrongful,Dismissal,Law,Canada,