Atlantic Employers' Counsel - Guide to Employment Termination in Atlantic Canada
21-Jul-2003

Contents:

• Introduction

Dismissal & Termination

• Probationary Employment
• Just Cause for Dismissal
• Near Cause Defence No Longer Available
• Is Employee Dishonesty Always Cause for Dismissal?
• When An Employee Quits - Voluntary Resignation or Termination?
• What Amounts to Constructive Dismissal?
• Personality Conflict or Constructive Dismissal?
• Seasonal Workers: Lay-Off and Termination
• Reasonable Notice - Severance Compensation
• Workforce Reductions: Rules in Atlantic Canada

Reasonable Notice: Provincial Differences in Atlantic Canada

• No 'Judicial Cap' on Reasonable Notice
• Inducement and Damages for Reasonable Notice
• Other Damages for Wrongful Dismissal
• Pension Plan Issues in Dismissal Planning
• Bad Faith Firing Attracts Twelve Months' Extra Pay
• Dismissed Employees Must Mitigate

Employment Contracts

• Minimum Notice Periods in Employment Contracts
• Employment Contracts: Key Issues

Termination and Dismissal in Practice

• Avoiding Wrongful Dismissal Claims
• Unreasonably Withholding References Increases Notice Periods
• Income Tax and E.I. Repayment Requirements for Employers
• Should Employers Request Releases?
• Hard Lessons: Employers' Most Frequent Mistakes

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