Just-cause termination is considered one of the harshest ways to be dismissed by an employer.
Under Canadian law, an employer can legally apply just cause termination in the event of:
“Serious employee misconduct during the employment relationship that strikes at the very root of the employment contract such that it can be said that the employment contract cannot continue or be repaired.”
Under these circumstances, an employer can dismiss an employee immediately without any requirement to provide:
DOES YOUR EMPLOYER BENEFIT FROM A JUST CAUSE TERMINATION?
If an employer has good grounds for just cause termination, they will benefit financially by following that course of action.
It means that they do not have to offer a severance package to the employee.
However, if errors are made with just cause and the employee decides to pursue a claim for wrongful dismissal, the process can be expensive and time-consuming for an employer.
In most cases, if just cause is not easy to prove, it may be better for an employer to provide notice or a severance package that includes assistance with finding alternative employment for an employee who has been with the company for three consecutive months or more.
FOR VICTIMS OF UNFAIR JUST CAUSE TERMINATION
If you have been terminated by an employer who has claimed “just cause” and you feel it is unfair, you may be able to sue for wrongful dismissal.
If this can be proven, you might be entitled to lost wages and other compensation in addition to those detailed in the BC Employment Standards Act.
Contact the Taylor Janis employment lawyer team by phone or Skype.
A Taylor Janis employment lawyer can advise you during a confidential 30-minute telephone or video consultation about your just cause rights & claim.
We can advise you on what your options are for taking legal action against your employer.
At Taylor Janis LLP, we have the skills, knowledge, and expertise to handle all of your employment & labour law needs. To arrange a consultation and document review to discuss your just cause termination, please contact us today at (604) 423-2646 at our Vancouver office.