Employment Law: Wrongful Dismissal
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This paper presents an in-depth discussion of wrongful dismissal, citing a Canadian case to emphasize the flaws in the system. The paper further notes how J. Echlin referred to just cause in employment termination as "the capital punishment crime of employment law." The paper also hows it follows that the onus is on the employer to exercise great care and discretion in how it goes about establishing that just cause exists. The case of Tong v. Home Depot of Canada is an example of showing that the burden of proving just cause lies with the employer.
From the Paper:"In Tong v. Home Depot of Canada the plaintiff was successful. In Daley v. Depco International Inc. the defendant was successful 3. I think that J. Echlin meant that as dismissal without notice is such a severe punishment (the most severe punishment an employer can give to an employee), it is incumbent upon the employer to exercise great care and discretion in how it goes about establishing that just cause exists."
Cite this Analytical Essay:
Employment Law: Wrongful Dismissal (2007, December 01) Retrieved February 02, 2023, from https://www.academon.com/analytical-essay/employment-law-wrongful-dismissal-131872/
"Employment Law: Wrongful Dismissal" 01 December 2007. Web. 02 February. 2023. <https://www.academon.com/analytical-essay/employment-law-wrongful-dismissal-131872/>