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ARTICLE · 26 SEPTEMBER 2017

Dismissal Without Good And Sufficient Cause

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

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Section 124 of the Labour Standards Act provides recourse for employees having two (2) or more years of uninterrupted service who have been terminated without just and sufficient cause.

CanadaEmployment and HR

Section 124 of the Labour Standards Act provides recourse for employees having two (2) or more years of uninterrupted service who have been terminated without just and sufficient cause. Employers should therefore be cognisant that once it terminates the employment of an employee with at least two (2) years of service, it will need to justify the termination by a just and sufficient cause since the payment of severance pay may not be sufficient.

An important factor, and sometimes a surprising factor for persons not familiar with Québec employment law, is that an employee who files a complaint under section 124 can be represented, free of charge, by an attorney from the CNESST's legal department.

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