LAW 529 Study Guide - Final Guide: The Globe And Mail, Wrongful Dismissal
7 Nov 2017
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Chapter 13: reasonable notice at common law ------ very important to know. An employer is presumed to have the right to terminate an employment contract at any time by giving the employee notice of termination (notice used so that ee has time to find a comparable job) A contract could modify this right by creating fixed term/task contract. A contract could modify this by requiring that the employer have a just cause to terminate a contract. The vast majority of non union employment contract in canada preserve the right of the employer to terminate with notice. If the contract includes a clear termination clause which provides at least esa, it will apply. If not, common law reasonable notice applies. Wrongful dismissal = dismissal without reasonable notice. Employee may sue for damages, not reinstatement (basically looking for money which would have been given during the reasonable notice) How modern canadian courts assess an employer"s duty to provide reasonable notice of termination.
