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ARTICLE · 18 MAY 2015

Administrative Suspension … Or Constructive Dismissal?

All employers have the power to terminate the employment of their employees; it derives from their power of direction and control.

CanadaEmployment and HR
Langlois Lawyers LLP
Langlois Lawyers LLP
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All employers have the power to terminate the employment of their employees; it derives from their power of direction and control. Some provisions of the Labour Standards Act contain guidelines for the exercise of that power and prevention of its abuse by employers. Thus, an employer who dismisses an employee without good and sufficient cause must give the employee reasonable prior notice or compensation in lieu thereof. Such dismissals are generally effected by a notice to the employee stating that their services are no longer required or will no longer be required after a certain date. However, employers will sometimes proceed much more subtly when they wish to sever the employment relationship with an employee. The term associated with that is "constructive dismissal".

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