EMPLOYMENT LAW & DISMISSAL
ONTARIO EMPLOYMENT LAW; WRONGFUL & CONSTRUCTIVE DISMISSAL
Wrongful Dismissal & Constructive Dismissal
Many are not aware that the relationship between an employer and an employee is a type of contract - whether a written contract or not.
The dismissal of non-unionized employees (unionized employees are subject to labor law and their collective agreement) maybe a breach of condition of the employment contract, whether that employment contract is written or verbal.
Employers must have a legitimate reason to dismiss their employees for “just cause”. If not, this type of breach is known as “wrongful dismissal”.
Employers may be sued and the former employees may awarded for the failure of the employer to provide reasonable notice and not having just cause for dismissal.
Just cause for dismissal
Bad faith discharge
Restraint of trade clauses
Good faith and fair dealing
Employee or Independent contractor
Non-solicitation agreements and restrictive covenants