dismissal burden of proof

Submitted by OnPayroll.ca on Wed, 2016-08-17 16:29

Employers need to exercise great caution when changing the terms of employment for an employee. All to often, and employer may shy away from a direct dismissal when they are unhappy with an employee, and as an alternative, try and make it uncomfortable for an employee in the hopes that employee will voluntarily resign. Unilateral changes to an Employee's terms and conditions of employment, areas of responsibility, salary or hourly rate in particular can amount to what is deemed to be constructive dismissal, with the resultant financial penalties to the employer.

What constitutes Reasonable Notice in a wrongful dismissal case? There are many factors a court looks at, and an employer should be guided accordingly. The court will consider age of former employee, length of service, educational level, position held at the time of dismissal, and the past work record of the employee, as well as even the limited job market that we are now experiencing.

When an employee has been dismissed, and the employee brings action for wrongful dismissal, it is the employee's obligation to prove the facts of the hiring and the firing. However, it is the employer's responsibility to justify the action when the employee alleges that the termination was without notice of for just cause.