Everything you need or want to know about dismissing a non-unionized employee, legally and fairly, is laid out clearly and comprehensively in this single, portable book.
Howard Levitt's practical tips and strategies give you the clear-cut, easy-to-follow guidance you need to meet the demands and challenges of dismissal, and to avoid liability.
Organized for easy use, this resource includes:
- A practical explanation of your rights, potential liabilities and possible strategies you can implement to make the right decisions regarding dismissal
- Many examples of actual cases that illustrate each point and help you to avoid making common mistakes
- Practical charts and checklists
- An in-depth review of the strategies you need to build or defend a dismissal case
Included within this new edition are numerous updates to relevant case law, including a discussion of the following Supreme Court of Canada decisions and their implications:
- Keays v. Honda Canada Inc. – the courts will no longer extend the reasonable notice period relating to bad faith conduct in the manner of dismissal.
- Evans v. Teamsters Local Union No. 31– in some circumstances, employees may be required to meet their duty to mitigate by returning to work for the balance of the reasonable notice period.
- Bhasin v. Hrynew – the introduction of a new requirement of good faith in fulfilling contractual obligations, which affects the employment relationship in such areas as honesty in performance of duties and attempts to take advantage of the inequality of bargaining power between the employer and employee.
- Potter v. New Brunswick Legal Aid Services Commission – clarified the common law test for constructive dismissal to include situations where: (1) the employer unilaterally changes and breaches an essential contractual term with resulting employee detriment; and (2) a reasonable person would conclude that the employer no longer wishes to be bound by the employment contract.
- Wilson v. Atomic Energy of Canada Ltd. – resolved confusion surrounding the unjust dismissal provisions under the Canada Labour Code with respect to the right to terminate without cause.