Toronto Termination Lawyers Advising Workplace Parties on Just Cause Dismissals
Terminations can be the most legally fraught workplace disputes, and can cause both employers and employees the most amount of stress. Just cause terminations are even more contentious and challenging.
At Grosman Gale Fletcher Hopkins LLP, our employment lawyers are highly skilled at assessing allegations of just cause. Whether through the lens of the employer or that of the employee facing such dramatic allegations and consequences, we understand the issue from all sides. We bring balance and an objective analysis to the table and assist all parties in finding a fair outcome.
What is Just Cause?
If an employer has just cause to terminate an employee’s employment, that employee is not entitled to either notice of the termination or compensation in lieu of notice (i.e. a severance package). The onus (i.e. the responsibility) is on the employer to establish that the individual’s misconduct or misbehaviour in the workplace was sufficiently severe so as to warrant dismissal without compensation or appropriate notice.
The Supreme Court of Canada favours a contextual analysis of the issue. It requires employers to first consider the nature and degree of misconduct (which must be proven), and then to consider it in the context of the total employment relationship.
From that standpoint, they must assess whether another form of discipline – something short of termination for just cause – is more appropriate in the circumstances.
Contact the Employment Lawyers at Grosman Gale Fletcher Hopkins LLP for Guidance Following a Termination
Whether you are an employer or an employer, the lawyers at Grosman Gale Fletcher Hopkins LLP will assess your particular circumstances and provide our opinion. We have provided legal guidance to workplace parties for more than 30 years. Contact us online or at 416.364.9599.