Terminations for cause have been described by Canadian judges as the "capital punishment of employment law." Short of suing an employee or refusing to pay wages, it is the most serious and harmful action an employer can take against its workers. It can impact an employee's professional reputation, entitlement to severance, Employment Insurance benefits, and even sometimes the ability to work in his/her industry.
Nevertheless, it is sometimes a necessary evil for companies who simply cannot put up with misconduct or dishonesty of employees in and around the workplace – particularly where there the company has repeatedly warned the employee that his/her conduct is unacceptable. Employees should not be permitted to leverage their own bad behaviour to obtain severance from a company, and if that appears to be the case, termination for cause may be the only realistic option.
The purpose of this seminar is to explain the circumstances where alleging cause for termination is acceptable, the best strategy to make it "stick", and other legal considerations surrounding the practice.
Learning objectives:
- Understand how to properly document to build a case
- Learn how to assess when cause for termination is appropriate
- Understand legal and practical considerations
- Determine the difference between "common law cause" and "ESA cause"
- Learn strategies to defend a wrongful dismissal lawsuit where cause is at issue
- Understand settlement considerations
Who should attend?
Operations managers, finance managers, HR professionals and workplace lawyers.