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:
• Conflicts of Interest
• Inappropriate Relationship
• Breach of Rules or Policies
• 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.