An employer and employee have a legal employment relationship in the nature of a contract. With this relationship, comes many responsibilities which both parties need to abide and follow.
As per Canadian employment law, an employer needs to follow certain rules before dismissing a non-unionized employee. Employment rules for unionized employees are governed under their respective ‘Collective Agreement’ with the employer.
Any dismissal which does not follow the laid down rules is termed a wrongful dismissal. A dismissal of an employee needs to be supported by a ‘Just cause’, if not, it comes under the purview of wrongful dismissal. An employee dismissed in the absence of a just cause, can sue their employer legally and claim rightful damages under the Canadian employment regulations.
Primarily, there are three variations of a wrongful dismissal: