The employer/employee relationship is one that almost everyone has experienced at least once in their life. Inherent in this relationship is an unequal bargaining position. In most employer/employee relationships the employer has power over by the employee by controlling among other things the employee’s rate of pay and their working hours. In recognition of this unequal bargaining position, the Courts and the Province of British Columbia have developed various rules in an attempt to make the employer/employee relationship more balanced.

One of these rules pertains to employers ending the employment relationship. When an employer ends the employment relationship they must have just cause for termination or provide reasonable notice of termination or salary in lieu of notice. If the employer does not adhere to these requirements, the employer could be exposed to liability.

There are three types of wrongful dismissal. First, where an employer terminates employment without cause but refuses to pay adequate compensation. Second, where an employer without cause terminates an employee but fails to pay any compensation. Lastly, where an employer, by altering fundamental terms and conditions of employment and/or by making the work environment intolerable, “constructively” dismisses an employee.

The notice period an employee is entitled to will vary depending on:

• Length of service;
• Age of the employee;
• Type of position held, including salary, and whether supervisory responsibilities are present; and
• Availability of similar employment in the job market at the time of termination.

The lawyers at Heath law LLP have experience in relation to wrongful dismissal claims and would be pleased to assist you.

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