Wrongful Dismissal - Without Cause
Wrongful Dismissal Without Cause

Always remember there are two types of employment dismissals: dismissals for cause and dismissals without cause.

Dismissal Without Cause

In a British Columbia non-union workplace, in most cases, there is no obligation for an employer to keep an employee employed. An employee can terminate employment without any reason or any cause. 

However, an employer who terminates employment without cause must provide notice or in the absence of notice, severance pay based on the notice period. 

What is appropriate notice?

Many employees and employers incorrectly assume that the appropriate notice is exactly what is set out in the Employment Standards Act. That is often only a minimum amount of notice. Aside from the notice set out in the Employment Standards Act, there may be terms set out in written employment agreements or in what is called the “common law” that set out a longer period of notice than in the Employment Standards Act. 

The terms of the written employment agreement, if there is one, must be examined. If there is no written employment agreement, then one must look primarily at the length of service along with other factors such as the availability of similar employment, the age of the employee, the experience of the employee

What if insufficient or no notice is given?

If notice is not given, then employers may be liable to paying the dismissed employee the equivalent pay in lieu of notice.  

A humiliating manner of dismissal may attract damages of the employer’s conduct. For example, in one case our client, a senior executive, was called by the owner/employer a series of degrading and inappropriate names during the firing. Following a one day arbitration hearing, the arbitrator awarded double pay in lieu of the notice set out in the executive employment agreement. This is just one example of our successful work for our employment law clients. It’s also an example of where a degrading dismissal can greatly increase the amount of severance payable.

A group termination of 50 or more employees is subject to special rules which you should talk to us about.

If your employment has been terminated without cause or if you are planning on terminating the employment of your employees, please call us now for a consultation.
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