If an employee`s hours are reduced, he or she is considered dismissed as soon as he or she earns less than 50% of his or her weekly wages at the standard rate (on average over the past eight weeks). If the employee does not return to work, the dismissal is a termination of the employment relationship. In addition, an employer must clearly define its policies and practices and apply them consistently. If an employer has committed misconduct or is not taking action at the time of the event, they will not be able to use that misconduct later to prove a legitimate reason. In order to invoke serious misconduct as evidence of a legitimate reason, the employer must dismiss the employee at that time or within a reasonable time after an investigation has been conducted. A dismissal for cause occurs when an employee is dismissed for a reason related to his or her conduct. In other words, if an employee`s conduct is deemed inappropriate or outside the scope of his or her duties, an employer may dismiss the employee for cause. You cannot temporarily dismiss an employee for more than 13 weeks in a specific 20-week period. Dismissals that exceed the maximum allowable period are considered to be the termination of the employment relationship and employees are entitled to dismissal or remuneration.
If you were unjustly dismissed for “just cause” in Vancouver, you may have legal grounds to appeal your dismissal and be compensated for your losses. In all but the most serious cases of misconduct, the employee is entitled to warnings and opportunities for improvement before being dismissed for cause. In our experience, most employers do not give adequate warning and proceed directly to termination without notice. This can be a costly mistake for the employer. It is important to be informed of the laws regarding the just cause before taking this drastic step. Unless the employee is terminated for cause or has been employed by the company for less than 3 months, employers are required to provide notice of termination, termination payment, or a combination of both. However, an employer may still be able to fire you under different conditions and for no reason. Examples of legitimate grounds for dismissal for cause include: An employer may dismiss an employee for cause if he or she commits a serious crime. For example, if an employee steals, commits fraud, acts dishonestly, attacks or harasses others, or violates company rules.
Employers can also fire an employee for cause. If an employer has a valid reason, they don`t have to resign or pay. Employers must provide clear and consistent standards for all employees. You must also act within a reasonable time to correct employee behavior. If they can`t prove they did, they may not be able to prove a just reason. However, in the event of termination without notice, the employee is entitled to the following severance pay in the event of an employee`s immediate (immediate) termination: However, if mistakes are made for cause and the employee decides to assert a claim for unlawful dismissal, the process can be costly and time-consuming for an employer. Ensuring that policies are enforceable takes some work, but may be worth it. If you intend to discipline an employee for violating a written policy, that policy must be known to the employee, clear, widespread, consistently and appropriately applied. He must also warn against disciplinary measures and/or dismissal to justify these actions. As you can imagine, in cases where the misconduct is theft, sexual or other assault, or acute conflicts of interest, termination may rightly be immediate. However, in cases where the employer claims insubordination or incompetence, many cases of misconduct, as well as warnings from the employer, may be required before the employer can legally terminate the employment relationship for cause. This is where most employers get into trouble.
The amount of dismissal or remuneration to which an employee is entitled depends on the duration of his employment. Employees who feel they have been dismissed without just cause can sue for unlawful dismissal. This is different from filing a seniority compensation complaint with Employment Standards. If an employee chooses to go to court, they should seek legal advice. The Employment Standards Branch cannot provide legal advice. If your employment has been terminated and the employer has informed you that they have only one reason to terminate it, we invite you to fill out our application form, contact us by email or pick up the phone for a phone consultation and tell us your story. The laws of “just cause” are very clearly defined in British Columbia. First, it will be helpful to learn more about what it means to terminate for a fair cause and what legal avenues you may be able to take.
Employers do not have to notify or pay in writing if they dismiss an employee for cause. If an employer proves that an employee was dismissed for cause, there is no obligation to pay seniority compensation. However, some “just cause” actions are easier for an employer to prove than others. For example, insubordination is difficult to prove, as is incompetence. A single case is rarely sufficient to justify dismissal, and written warnings must be issued by the employer. In the event of dismissal without notice, if the employee has been employed for at least three consecutive months, he is entitled to dismissal or dismissal instead of dismissal or a combination of both. Under Canadian law, an employer can request a dismissal for cause in the following cases: Discussing allegations of misconduct with employees is one of the most important steps for employers today. Learning your employee`s side of things will help you determine what happened (and what you can prove) and whether your employee knew it was wrong (and/or if they were aware of the policy).
From time to time, the cause may even arise from dishonesty during an investigation. A review of your employee`s written contract (if any) is crucial. The content may relate to misconduct, procedures or policies, and may also inform you of the risk if you are mistaken about the cause. If there really is a valid reason for the employee`s dismissal, it follows that the employer can dismiss the employee immediately without the need for notice or dismissal pay or appropriate severance pay or payment in lieu of dismissal. If an employer plans to dismiss 50 or more workers at a single site within two months, the employer must notify each affected employee, the Minister of Labour and any union representing the workers of a written notice of the collective dismissal. There are limited exceptions if the employer needs to take these additional steps. Termination for cause is the most serious form of termination. Employers may take dismissal for cause if an employee commits a serious act of intentional misconduct or breach of contract (e.g., theft, assault on a co-worker, or fraud).
Employers may dismiss an employee with written notice, severance pay, or a combination of both. When dismissing an employee in writing, employers must take into account that employees must be able to work and earn income throughout the notice period. An employee`s notice period cannot begin if the employee: British Columbia`s just cause dismissal laws are an all-or-nothing proposition. There is no close cause or partial cause. Either the employer can really invoke a just reason, or there is no just reason at all and a reasonable period of time is due for the dismissal. Often, an employer claims that they have a just reason at the time of dismissal and raises issues they say they have with the employee, hoping to intimidate the employee into agreeing to the dismissal. But just as often, it is impossible for the employer to prove a just reason, no matter what he can say. In such cases, where there is no valid reason, the employer must give reasonable notice, which may amount to one month`s salary.
In our experience, many employers fail to issue an appropriate warning before dismissal and do not sufficiently document. Siding with your employee in a professional and impartial investigation can also protect you from claims for aggravated or punitive damages if you can`t prove a reason in court. Similarly, misconduct, habitual neglect of duty and incompetence are examples of reasons why an employer may dismiss for cause. If an employer is able to prove a reason, the employee may be dismissed without notice or compensation in lieu of dismissal. The fault of the employee must result in irreparable damage to the employment contract and the employer must be able to prove it. Severance pay is compensation that is granted instead of a required notice period. For example, if an employer does not want the employee who is dismissed to work during their notice period, they can instead grant the employee a dismissal indemnity. If an employer claims to have a valid reason when they fire you, it is unacceptable that, for example, you have been intimidated. Employers in British Columbia are not required to provide an employee with a reason for dismissal. However, employers cannot dismiss employees for reasons protected by the Employment Standards Act or the Human Rights Code. The source of information can be important both to discuss issues with your employee and, if it is, to prove your case in court.