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In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law.
A $1.7-million wrongful dismissal lawsuit's statement of claim was filed with the Court of King's Bench of Alberta by Mentzelopoulos' lawyers. It includes the allegation that Health Minister Adriana LaGrange had issued a directive preventing AHS from negotiating private surgery contracts.
Superseding Wallace v United Grain Growers Ltd in determining how damages for wrongful dismissal are assessed where there is bad faith in how the employer handles termination of employment Apotex Inc v Sanofi-Synthelabo Canada Inc [2008] 3 S.C.R. 265, 2008 SCC 61 November 6, 2008 Canadian patent law
Honda Canada Inc v Keays, 2008 SCC 39, [2008] 2 SCR 362 is a leading case of the Supreme Court of Canada that has had significant impact in Canadian employment law, in that it reformed the manner in which damages are to be awarded in cases of wrongful dismissal and it declared that such awards were not affected by the type of position an employee may have had.
Whether administrative suspension constitutes a unilateral act amounting to a breach of contract via constructive dismissal; Whether pension benefits should be deducted from damages for wrongful dismissal – McLachlin CJ: Quebec (AG) v Canada (AG) 2015 SCC 14
An undischarged bankrupt has capacity to sue for wrongful dismissal, as such damages constitute wages that are exempt from vesting in a trustee in bankruptcy under the Bankruptcy Act. Bad faith conduct in the manner of dismissal is another factor that is properly compensated for by an addition to what may be considered reasonable notice.
Unfair dismissal in Namibia is defined by the Labour Act, 2007, under which the employer has the burden of the proof that a dismissal was fair. [55] Explicitly listed as cases or unfair dismissal are those due to discrimination in terms of race, religion, political opinion, marital or socio-economic status, as well as dismissals that arise from ...
Vriend v Alberta [1998] 1 S.C.R. 493 is an important Supreme Court of Canada case that determined that a legislative omission can be the subject of a Charter violation. The case involved a dismissal of a teacher because of his sexual orientation and was an issue of great controversy during that period.