What is “Constructive Dismissal”?

The law has described constructive dismissal as being a case where an employer unilaterally makes a fundamental or substantial change to an employee’s contract of employment.  When this occurs, the employer is committing a breach of the contract that results in its termination and entitles the employee to consider himself or herself constructively dismissed.   Once … Read more

What does being fired for “Cause” mean?

At common law, the general wrongful dismissal principle is that an employee is entitled to reasonable notice of termination of his or her contract with the employer, or payment in lieu of notice.  The exception to the rule occurs when “just cause” exists;  the employer is then entitled to dismiss the employee summarily, without any … Read more

Have You Been Terminated?

When Arnold Schwarznegger took over Donald Trump’s role on ‘The Celebrity Apprentice’, albeit short-lived, he replaced the Donald’s favourite phrase – “You’re fired” – with “You are terminated”.  Although this was an obviously appropriate catchphrase for Arnold to assume, it also happens to be legally correct.  The likelihood of a boss telling you that you … Read more