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.
Wrongful dismissal cases we have handled
HVT - Program Manager
HVT was employed at a non-profit employer for a total of 20 years, when his employer suddenly and without warning dismissed him. HVT commenced a wrongful dismissal lawsuit at BC Supreme Court. The employer argued that its policy manual limited HVT to 8 weeks of severance in compliance with the Employment Standards Act.
After trial, the court issued a judgment rejecting the employer’s policy manual defence and finding that HVT was wrongfully dismissed. The Court also found that the employer had acted unfairly towards HVT, including making false statements about the reasons for dismissal and sending an intimidating cease and desist letter to HVT threatening legal action.
HVT was awarded 24 months of severance pay, outstanding banked vacation pay, $30,000 in aggravated damages for the manner of dismissal and mental distress that it caused him, and costs.
MP - Sales Person
MP worked for her employer for eight years. She had always worked 30 hours per week and worked the lucrative days Wednesday to Saturday each week. Her employer suddenly changed her working arrangements such that her hours were reduced to only 20 hours per week, and was forced to work the far less lucrative days Sunday to Wednesday. These changes constituted a serious reduction in pay and opportunities for MP. She did not agree and said so.
The employer pressed for her agreement, and MP instead took two weeks vacation, with the employer’s consent, to think about things. During the vacation, MP decided she could not agree to the changes and said so. The employer took the position that MP resigned or quit. MP commenced a lawsuit for constructive dismissal. The Court awarded her 12 months pay as the reasonable notice