Best Practices For Employers Managing Dismissals In Canada: Five Key Takeaways

Managing employee dismissals in Canada requires employers to navigate a complex web of statutory requirements, common law (or civil law) principles, and human rights obligations. Whether an employer is preparing for a without-cause dismissal, considering a just-cause dismissal or planning a large-scale workforce reduction, understanding the legal framework and following best practices is essential to minimizing risk and ensuring compliance with applicable law.

Below are five key takeaways to help employers navigate employee dismissals in Canada:

1. Without-Cause Dismissals. Employers in Canada are generally permitted to dismiss employees without cause, provided the employee receives reasonable notice or pay in lieu of notice. Notice requirements are established by applicable statute, common law (or civil law in Quebec), and, potentially, a valid written employment contract.