Employment Dismissal Types

Types of Dismissal

When your employment is terminated it is essential to know your rights as an employee and whether or not you have been terminated lawfully. There are different areas of law that govern the rights and obligations of employers and employees in their dealings with one another, including the end of the employment relationship. 

These include employment legislation (mainly the British Columbia Employment Standards Act, Workers Compensation Act, and Human Rights Code), contract where applicable, and the common law that is formed by judges’ decisions in employment cases.  Likewise, there are many types of employee dismissal in British Columbia. Employment law is a broad and technical field of law. It is important to understand which category your case falls under. 

Keep reading below, explore our sample cases, or call us to find out which kind of situation you are in.

This type of dismissal is the most common. It occurs when the employer terminates with insufficient notice and is defined by the termination being the decision of the employer, not of the employee.

This occurs when a fundamental change to the employment contract is carried out by the employer without the consent of the employee, forcing the employee to quit.

Just Cause refers to some serious misconduct by the employee, making continued employment impossible. Theft and insubordination fall under this category.

Reasonable notice is determined by a number of factors on a case by case basis, and is set out in the law made by judges throughout Canada. All employees are entitled to reasonable notice unless their contract says otherwise.

Resignation brings the employment contract to an end, and in most cases effectively eliminates the employee’s rights to reasonable notice. It is important to receive legal advice before you resign.

If you are employed directly by your employer, even if there is no agreement in writing signed by you or your employer, you still have a form of contract that falls under contract laws in BC.

  • MP was a salesperson, who worked for her employer for 8 years. She had always worked 30 hours per week.
  • AM was a senior technical salesperson for a national software firm.
  • RF was a national account manager with a local monopoly, and he had been employed there for 20 years.
  • SJ was a local store manager for an international chain of stores, with 6 years of service.