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It is definitely a sad experience if you are told by someone that they recently got fired! First of all, Let's not confuse the concept of "being fired" with "being laid-off". In order to qualify for "being fired", an employer should establish a legitimate ground for dismissal, which is often linked but not limited to the employee's job performance. Before discussing whether the case is a wrongful dismissal or not. Let's take a look at what constitutes some valid grounds for dismissal:
1) Incompetence
An employer must establish the ground that an employee has fallen below an objectively determined level of performance. That problem lies with the employee, not with other factors such as lack of adequate training. However, it is also one of the difficult grounds to prove, because the basis of standard and expectation are needed to be clarified carefully.
2) Absenteeism & Lateness
It is a valid ground if an employee is absent from work without a good reason. Different from Culpable absenteeism, Innocent absenteeism means an employee cannot come to work for reasons that are beyond the employee's control. An employer has a duty to accommodate the employee unless undue hardship, if it involves the human rights issue.
3) Dishonesty
Examples of dishonesty include, but not limited to, fraud and theft.
4) Disobedience
Disobedience must be deliberate and causes substantial harm to the employer. In addition, it entails no element of misunderstanding on the part of employee, and relates directly or incidentally to the employee's job in order to establish the ground of Disobedience.
5) Insolence and Insubordination
Examples include but not limited to an assault on a supervisor or a deliberate contravention of an important employment policy.
6) Incompatibility
An employee's personal habit, dress code, appearance, manner etc. doesn't fit in the company's dominant image, brand or culture.
7) Off-Duty Conduct
Generally speaking, conduct that takes place outside the workplace cannot provide just cause for termination, only if one exception arises. That an employer can demonstrate an employee's off-duty conduct harmed the company and its reputation.
8) Sexual Harassment
Examples of sexual harassment include but not limited to offensive humour or comments, warrant progressive discipline. A singe act may not constitute just cause for dismissal immediately but a more serious one can, especially those involving supervisors.
9) Intoxication & Substance Abuse
Both are considered as a disability under the Human Rights legislation. Therefore, an employer must accommodate, but not discipline, an employee to the point of undue hardship, i.e. allowing time to attend rehabilitation services or therapy.
Remember, a single violation doesn't usually constitute just cause for dismissal immediately. There are also some elements, such as proportionality, relevance, fairness, taken into consideration for assessing the particular just cause.
Progressive discipline in non-union workplaces should abide by terminating for just cause properly. It usually includes verbal warnings, written warnings, and final written warning.
If the termination doesn't reflect what are discussed above, it is more likely that it is a wrongful one then.
Disclaimer: This information is not intended to be construed as a legal advice, but strictly for information only in this entire website. Please contact Trustworthy Legal Service for your independent legal advice in your particular situation. The first consultation is also required prior to my retainer of your case.
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Like or/and share this post if you find it useful!
It is definitely a sad experience if you are told by someone that they recently got fired! First of all, Let's not confuse the concept of "being fired" with "being laid-off". In order to qualify for "being fired", an employer should establish a legitimate ground for dismissal, which is often linked but not limited to the employee's job performance. Before discussing whether the case is a wrongful dismissal or not. Let's take a look at what constitutes some valid grounds for dismissal:
1) Incompetence
An employer must establish the ground that an employee has fallen below an objectively determined level of performance. That problem lies with the employee, not with other factors such as lack of adequate training. However, it is also one of the difficult grounds to prove, because the basis of standard and expectation are needed to be clarified carefully.
2) Absenteeism & Lateness
It is a valid ground if an employee is absent from work without a good reason. Different from Culpable absenteeism, Innocent absenteeism means an employee cannot come to work for reasons that are beyond the employee's control. An employer has a duty to accommodate the employee unless undue hardship, if it involves the human rights issue.
3) Dishonesty
Examples of dishonesty include, but not limited to, fraud and theft.
4) Disobedience
Disobedience must be deliberate and causes substantial harm to the employer. In addition, it entails no element of misunderstanding on the part of employee, and relates directly or incidentally to the employee's job in order to establish the ground of Disobedience.
5) Insolence and Insubordination
Examples include but not limited to an assault on a supervisor or a deliberate contravention of an important employment policy.
6) Incompatibility
An employee's personal habit, dress code, appearance, manner etc. doesn't fit in the company's dominant image, brand or culture.
7) Off-Duty Conduct
Generally speaking, conduct that takes place outside the workplace cannot provide just cause for termination, only if one exception arises. That an employer can demonstrate an employee's off-duty conduct harmed the company and its reputation.
8) Sexual Harassment
Examples of sexual harassment include but not limited to offensive humour or comments, warrant progressive discipline. A singe act may not constitute just cause for dismissal immediately but a more serious one can, especially those involving supervisors.
9) Intoxication & Substance Abuse
Both are considered as a disability under the Human Rights legislation. Therefore, an employer must accommodate, but not discipline, an employee to the point of undue hardship, i.e. allowing time to attend rehabilitation services or therapy.
Remember, a single violation doesn't usually constitute just cause for dismissal immediately. There are also some elements, such as proportionality, relevance, fairness, taken into consideration for assessing the particular just cause.
Progressive discipline in non-union workplaces should abide by terminating for just cause properly. It usually includes verbal warnings, written warnings, and final written warning.
If the termination doesn't reflect what are discussed above, it is more likely that it is a wrongful one then.
Disclaimer: This information is not intended to be construed as a legal advice, but strictly for information only in this entire website. Please contact Trustworthy Legal Service for your independent legal advice in your particular situation. The first consultation is also required prior to my retainer of your case.
Follow on Facebook, Twitter, Google+ and LinkedIn!
Like or/and share this post if you find it useful!
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