Dismissal for incompetence: factors used by Canadian courts in determining just cause for termination
Article Abstract:
A large group of Canadian employment termination cases decided between 1975 and 1989 was analyzed to ascertain what the courts regarded as just cause for termination. The employers won some 31% of the 90 cases surveyed. Variables which positively impacted the chance of an employer win and a finding that there was just cause for firing included prior discipline of the employee and having offered the employee a hearing on the charges. Variables which positively impacted the chance of an employee win included a satisfactory employment record and obtaining a similar job elsewhere since termination.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1993
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The WARN Act and perceptions of managers concerning the effect of providing advance notice
Article Abstract:
A survey of 225 senior executives was conducted to determine their views on the impact of the Worker Adjustment and Retraining Notification (WARN) Act on employee conduct. Some 62% feared that advance notice of plant shutdowns would increase rumors and lead to decreased productivity and the departure of the best employees. Some 23% thought that employee theft might go up while 14% thought employee sabotage would increase. Firms which had experienced decreased sales were more likely to agree with the above statements.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
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The determination of reasonable notice in Canadian wrongful dismissal cases
Article Abstract:
Labor law in Canada includes wrongful dismissal provisions for nonunion employees. A sample of 177 wrongful dismissal cases was analysed for variables in compensation rulings. Employers are required to provide reasonable advanced notice before dismissing or laying off an employee without just cause. Court rulings define reasonable notice differently based on job status and length of employment. The average notice awarded was 8.88 months. Notice was increased for longer service, higher status or larger employers.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
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