The term “capital punishment” is often used to describe termination for cause in employment and labour law, and as employees are vulnerable to the sudden loss of employment, termination for cause is a serious step to take.
An employer has the right to terminate an employee for cause without providing reasonable notice. Just cause exists where the conduct is such that it becomes impossible for the employment relationship to continue. When terminated for cause, an employer will need to show that the conduct engaged by the employee went to the root of the employment agreement if the employee commences a claim disputing the dismissal.
Many times, termination for cause is appropriate when there is prolonged and repeated misconduct, such as habitual neglect of duty, incompetence, insubordination, or serious misconduct. However, it can also be appropriate in cases of a single, very serious incident.
Termination for cause is examined on a case-to-case basis.
Understanding Termination for Cause & Wrongful Dismissal
Where an employer terminates an employee for just cause this would not amount to wrongful dismissal so long as the cause is justified at law. However, where an employer terminates an employee without just cause, that may amount to wrongful dismissal.
Further, there may be situations where the employer states that he or she has terminated the employee for just cause, yet the just cause is improperly alleged. In such cases, it is best to seek help from an employment lawyer to discuss how to proceed.
How can Zeilikman Law help?
If you have questions regarding your termination with cause or belief that you may have been wrongfully dismissed, contact one of our experienced employment lawyers today to set up a consultation to discuss your options.
Our lawyers are, professional, and determined. We have the experience to review and negotiate in your favour.
Request a consultation today!