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ARTICLE · 12 OCTOBER 2016

Termination / Dismissal (Part 3 Of 6)

McCague Borlack LLP
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According to the Employment Standards Act, one's employment is terminated if the employer dismisses or stops employing an employee...

CanadaEmployment and HR
Marla Kuperhause
Marla Kuperhause
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First presented at a Client Employment Seminar

TERMINATION DEFINED

According to the Employment Standards Act, one's employment is terminated if the employer:

  • Dismisses or stops employing an employee;
  • Constructively dismisses an employee, and in response the employee resigns; or
  • Lays-off an employee for a period that is longer than a temporary lay-off.

(I) Dismissal for Just Cause

An employee can be dismissed for just cause if he/she is guilty of...

  • Serious misconduct;
  • Habitual neglect of duty or incompetence;
  • Conduct incompatible with his/her duties;
  • Conduct that is prejudicial to the employer's business; or
  • Willful disobedience to the employer's orders in a matter of substance.1

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