Overview For Wrongful Dismissal

Overview for wrongful dismissal in Alberta

To view this wrongful dismissal article in it’s complete PDF document, click here.
The term “wrongful dismissal” generally refers to the termination of a non-unionized employee without proper cause and without reasonable notice or payment in lieu of notice. Wrongful dismissal law falls under the broader category of employment law, but also encompasses aspects of contract, tort.

For ParalegalsGreat Library: Pathfinder: Wrongful Dismissal

and statutory law. The exception is Quebec where wrongful dismissal is governed by civil law as well as statutory requirements. (For further information about wrongful dismissal law in Quebec, see Nice to Know.) In researching wrongful dismissal law, employment standards statutes should also be considered. In most Canadian jurisdictions, such legislation sets out minimum notice periods for termination of employees.
Edmonton employment lawyer

Textbooks and suggested resources for wrongful dismissal

A good place to begin your research on wrongful dismissal law is in a textbook. Some leading texts are listed here for your convenience. But there are many more. To find a listing of further Great Library materials on wrongful dismissal, search the library’s online catalogue under the relevant subject headings:
Harris, David, Wrongful Dismissal, 3 vols., loose-leaf (Toronto: Carswell, 1989-).
This in-depth treatment of wrongful dismissal law includes chapters on employee status; types of dismissal; damages; related actions in tort and contract; unjust dismissal under the Canada Labour Code; employment contracts; and extensive case law annotations. This service includes notice award charts and legislation concordance.
Knight, James G., Lisa S. Goodfellow and Carman J. Overholt, Employment Litigation Manual,
Part I provides a history of employment law in Canada and an overview of significant principles. Other sections offer in-depth, practical guidance on initiating, pleading and resolving wrongful dismissal claims. The last chapters deal with other types of employment litigation, including Canada Labour Code proceedings and wrongful dismissal law in Quebec. Relevant case law and legislation are cited throughout.
Levitt, Howard A., The Law of Dismissal in Canada, 3rd ed.
Written for lawyers, human resource specialists and parties directly involved in the termination process. Part I covers all major aspects of the law relating to employee dismissal. Part II outlines strategies for claimants and defendants involved in wrongful dismissal actions and provides an overview for counsel of legal issues arising during the litigation process. Includes case annotations and tables of notice periods awarded.
Mole, Ellen E, Wrongful Dismissal Practice Manual, 2nd ed., 2 vols.
A practical annotated guide to employment relationships and terminations. Contains extensive information on defences, damages and remedies in wrongful dismissal actions. Also includes notice charts, practice tips, and precedents for termination documents and pleadings.
Neumann, Peter, and Jeffrey Sack, eText on Wrongful Dismissal and Employment Law (1st ed.)
Sproat, John R., Employment Law Manual, 4 vols., loose-leaf (Toronto: Carswell, 1990-). (KF 3457 S67 1990). Also online in Carswell’s e-Reference Library available on Great Library workstations. Part II of this manual examines the major aspects of wrongful dismissal law, including just cause and constructive dismissal, employment contracts, damages and tort liability. Part V contains practical advice for employers, employment contract precedents, sample employment and termination letters, as well as precedent pleadings for British Columbia and Ontario. The manual is annotated with case law.

Continuing Legal Education Materials

AccessCLE. Individual articles from the Law Society of Upper Canada’s CLE programs can be purchased for download to your computer on this site. Here are some suggested search keywords:

  • wrongful (also unjust or constructive) dismissal
  • employee termination
  • employment litigation
  • reasonable notice
  • employment contract
  • damages for breach of contract
  • Wallace damages

The following publications regularly contain summaries of recent cases, news or articles on wrongful dismissal law:

  • Canadian Labour and Employment Law Journal (Lancaster House) (Per)
  • Contains in-depth articles; issued 3 times per year.
  • Dismissal and Employment Law Digest (Canada Law Book) (Rpts Can Subj)
  • Newsletter providing summaries of recent decisions; cross-referenced to sections of
  • Levitt, The Law of Wrongful Dismissal in Canada.
  • Employment and Labour Law Reporter (LexisNexis Canada) (KF 3320 .ZA2 B747)
  • Monthly newsletter of articles and case commentaries.
  • Employment Bulletin (Canada Law Book) (KF 3457 .A15 E46)
  • Monthly newsletter of articles on recent employment law issues.
  • The Employment Law Report (Canada Law Book) (KF 3320 .ZA2 E46)
  • Monthly newsletter of case commentaries.
  • Lancaster House Wrongful Dismissal Netletter (LexisNexis Quicklaw)
  • Weekly online newsletter of recent cases.
  • Wrongful Dismissal E-Bulletin (Lancaster House)
  • http://rc.lsuc.on.ca/library/research_paths_wrgdsml.htm (6 of 11) [12/5/2012 8:28:01 AM]Great Library: Pathfinder: Wrongful Dismissal
  • E-mail alert service available from the publisher.
  • Online Case Law Collections
  • Employment Law Court and Tribunal Decisions – Topical (LexisNexis Quicklaw)
  • Database of all non-union employment law decisions from Quicklaw’s court and tribunal full text
  • and summary sources.
  • Canadian Cases on the Law of Employment (Westlaw Canada)
  • Online version of this topical law report carries full-text cases, as well as articles and case commentaries.
  • Legislation

In addition to common law precedent, termination notices and pay in lieu thereof are governed by provincial employment standards legislation. These statutes set out the minimum conditions and requirements for employment relationships, including notice periods for employee termination. A listing of relevant legislation can be found in Mole, Wrongful Dismissal Practice Manual, (see Chapter 13, “Statutes and Regulations”). Full text of current employment standards statutes can be found on individual government websites (for a list of links, see Canadian Legislation Online) or on CanLII. The titles of provincial and territorial statutes may vary, e.g. “Employment Standards Act” or “Labour Standards Act.”
To view this wrongful dismissal article in it’s complete PDF document, click here.