The Factors That Determine An Appropriate Notice Period In A Wrongful Dismissal Case

The term “wrongful dismissal” is something of a misnomer. There is a perception that wrongful dismissal means that there is no justification for the decision or the person feels that the employer did not consider appropriate factors in making the decision to terminate. In fact, wrongful dismissal means that the employer failed to give the [...]

Misconceptions Surrounding The Term Wrongful Dismissal.

The term “wrongful dismissal” is something of a misnomer. There is a perception that wrongful dismissal means that there is no justification for the decision or the person feels that the employer did not consider appropriate factors in making the decision to terminate. In fact, wrongful dismissal means that the employer failed to give the [...]

What Is Involved When An Employee Is Terminated For Cause.

Terminating employment with cause is a difficult threshold for the employer to meet. Typically, there are two types of cause. One is the case of serious employee misconduct such as theft or fraud or assaulting a co-worker where the conduct is so serious that the employer is entitled to summarily dismiss the employee without notice. [...]

The difficulty of testing the objectivity of a Constructive Dismissal case.

If an employee has reported harassment, but is not satisfied by the response given to the complaint, then he or she should consult a lawyer. The test of constructive dismissal is an objective one, but it is complicated by personalities and the atmosphere within the organization. While objective changes in the terms and conditions of [...]

The importance of seeking legal advice in a Constructive Dismissal case.

Constructive dismissal is a very technical area of law and I always think it’s best to get legal advice right from the very beginning. It’s not straightforward in the sense that it’s not a matter of simply assessing whether the package the employer has offered you is reasonable. Constructive dismissal occurs when a unilateral change [...]

Complexities of Constructive Dismissal cases.

Constructive dismissal occurs when there has been a fundamental change to your job. Your job still exists and the employer still wants you to continue within its employment, but your employer has changed the job. These changes may include things like a reduction in compensation or a demotion. It could be things like changing your [...]

Coping With The Fallout From A Job Loss Or Wrongful Dismissal

The best advice that I can provide clients who lose their job due to Wrongful Dismissal, or for any reason, is that time changes the way that you think about it. Many people are very impassioned about their situation at the very beginning; it really is a blow to the self-esteem. You spend a great [...]

Employee left hanging by sale

Brent Fleet was increasingly impatient. EPC, his employer of 16 years, in announcing his division was being sold, had assured him the new buyer would be making him an offer. But no offer had yet arrived. When it finally did, just one week before closing, impatience morphed into fury. Fleet had risen to the position [...]