Wrongful termination occurs when an employer terminates an employee:

• without the necessary notice or pay in lieu of notice; and

• without just cause for termination

it constitutes wrongful termination.

Just Cause:

An employer may establish that they had just cause to terminate an employee:

• if the employee commits a single serious offence such as fraud, assault, or acts dishonestly.

• for performance issues, or a series of lesser offences for just cause if they can show that the employee:

  • Was told clearly what are the employer's reasonable standards

  • Was told that they weren't meeting the standards

  • Had reasonable time and help to meet the standards

  • Was warned that they would be fired if they did not improve their performance and still didn’t meet the standards, after all of the above Employers must provide clear and consistent standards for all staff.

  • They also need to act to correct employee behaviour in a reasonable amount of time.