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You're Fired! Just Cause for Dismissal in Canada
You're Fired! Just Cause for Dismissal in Canada
ISBN/ISSN/Product Number: 978-0-7798-2890-6
Product Type: Supplemented book + CD-ROM
Anticip. Upkeep Cost: $353 per supplement (1-3 supplements per year) supplements invoiced separately
Number of Volumes: 2 volume looseleaf + CD, filed to date with two months free service
Binding: 3-Ring Binder
Publication Date: 2011-11-22
Publisher: Carswell
Availability: In Stock


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Summary dismissal is an inherently grey area. There are no hard and fast rules, and in many cases it is impossible to predict with certainty how a court might rule upon a particular set of facts.

This looseleaf text is a practical reference tool for employment law practitioners and human resources professionals on the law of summary dismissal in Canada. The expert commentary provides a thorough review of the law and helps clarify what is and what is not just cause of dismissal.

The commentary and the case digests will help users understand the types of behaviours that can constitute just cause for dismissal, the requirements for appropriate investigations prior to dismissal, and key cases where courts have considered allegations of just cause for dismissal. It will provide guidance to employers, or their legal counsel, as to whether or not summary dismissal is an appropriate route to take in a particular circumstance.

Part I provides an overview of the law of summary dismissal.

Part II covers the various grounds of dismissal such as:

  • Dishonesty
  • Conflicts of Interest
  • Inappropriate Relationship
  • Insolence
  • Insubordination
  • Breach of Rules or Policies
  • Theft
  • Fraud
  • Harassment
  • Violence in the Workplace
  • Abuse of technology
  • Performance Issues
  • Off-Duty Conduct

Part III explains concepts and general principles such as after-acquired cause, condonation, probationary employees and progressive discipline in the non-unionized environment and last chance agreements.

Part IV discusses investigations and explains the importance of conducting proper investigations prior to terminating an employee for just cause.

Part V provides a detailed review of human rights considerations.

Part VI explains the litigation process and discusses damage awards in wrongful dismissal claims.

Part VII provides practical advice for employment law practitioners advising clients, as well as human resources professionals involved in termination.

Part VIII consists of case law summaries, which are also available electronically on CD-ROM. The case law summaries on CD-ROM link to full text decisions.

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About the Author
Stuart E. Rudner was called to the Ontario Bar in 1999 and is a founding partner of the Toronto employment law boutique Rudner MacDonald LLP. Previously he was a partner at the national law firm of Miller Thomson LLP. He provides clients with strategic advice regarding all aspects of the employment relationship, including policies and procedures, hiring, employment agreements, human rights issues, reducing labour costs, restrictive covenants, discipline and terminations.

He has been repeatedly named in Canadian HR Reporter's Employment Lawyers Directory (a Comprehensive Directory of the Top Employment Law and Immigration Law Practitioners in Canada). Stuart represents clients before courts, mediators and tribunals. Recently, Stuart represented the Human Resources Professionals Association at the Supreme Court of Canada in a landmark employment law case. At every stage, Stuart advises and represents his clients in a manner designed to achieve practical, cost-effective solutions. Stuart speaks and writes extensively on employment law and litigation topics. He hosts Canadian HR Law - a monthly web tv show. He authored the Employment Law chapter of Carswell's Precedents of Pleadings. He is authoring a book on summary dismissal in Canada for Carswell. He provided the legal review of ClearSite's Company Handbook Toolkit (and is their recommended employment lawyer). Stuart chairs Osgoode Professional Development's Annual Employment Law Conference. He regularly responds to reader questions in the Ask an Expert column of Canadian Employment Law Today. He contributes regularly to the Canadian Human Resources Reporter, Globe and Mail, and other legal current awareness publications. He founded the Canadian Employment Law Group on LinkedIn. Stuart speaks at programs put on by organizations including the Human Resources Professionals Association, the Ontario Bar Association, the B.C. Human Resources Management Association, Federated Press and the Law Society of Upper Canada.