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        Labour and Employment Lawyers in Toronto
          Labour & Employment Lawyers

Toronto

Ontario

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Employment lawyers restricted to wrongful dismissal litigation
Labour & Employment Lawyers

Tel: (416) 590-1900
Fax: (416) 590-1600

info@dumarkowitz.com

17th Floor, Yonge/Eglinton Centre
2300 Yonge Street
Suite 1750
Toronto, Ontario
M4P 1E4


"Work  is one of the most fundamental aspects in a person's life, providing the individual with a means of financial support and, as importantly, a contributory role in society.  A person's employment is an essential component of his or her sense of identity, self-worth and emotional well-being."

-- Chief Justice Dickson, in Reference re: Public Service Employee Relations Act (Alberta), [1987] 1 S.C.R. 313 (Supreme Court of Canada),
at page 368.

 

 

Du Markowitz attorneys defeat employers wishing they had read this article about:

Caution before firing: What most companies don’t know about their duty to warn.

Life doesn’t require that we be the best, only that we try our best.  And so too does the legal standard for workplace incompetence require fair warning by your employer before you can be lawfully fired without termination pay.

More than ever, courts are increasingly calling for employer evidence of fair warning about performance deficiencies prior to an employee’s dismissal.  In other words, judges frown upon the sharp-practice of employers terminating workers without notice, taking the employee by surprise, and otherwise failing to advise about the possibility of termination should performance not improve within a reasonable time.  Accordingly, the streetwise employment lawyer can defend even the most incompetent employee on this often-overlooked ground that the company breached its common-law duty to warn its worker of imminent dismissal for cause.

While case law continues to develop in this area, this country’s largest employers continue to make the mistake of failing to provide multiple warnings prior to dismissal, failure to provide these warnings in written form typically required, failure to provide reasonable time period in which employees can improve their job performance, and failure to explicitly spell-out the warning that employee’s failure to improve will indeed result in actual dismissal from work. 

Accordingly, the streetwise employment lawyer will jump on any of these deficiencies at trial to argue (a) employer’s failure to warn and even (b) employer condonation of the wrongfully dismissed employee’s behaviour.  Just another practical tip for our wrongfully-dismissed employee clients - and our own “fair warning” to vulnerable employers out there.

 
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