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ARTICLE · 04 MAY 2012

Does A Wrongful Dismissal Relieve An Employee From Restrictive Covenants?

There are generally two types of "wrongful dismissal".

CanadaEmployment and HR
H. Scott MacDonald
H. Scott MacDonald

There are generally two types of "wrongful dismissal". The first type involves cases where an employer, believing it has cause for termination without notice, dismisses an employee for cause only to have a court subsequently decide that there were insufficient grounds to establish just cause for termination. In that sense, the dismissal was "wrongful" because notice of termination without cause should have been given.

The second type of wrongful dismissal involves cases where an employer fails to give sufficient notice, or pay in lieu of notice, for a termination of employment without cause. The "wrongful" act is the employer's failure to give proper notice of termination, contrary to an express or an implied term of the employment contract.

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