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Employment law

Wrongful dismissal & compensation

If you have been wrongfully dismissed, you are entitled to compensation from your former employer. As a general rule, an employer can terminate an employee. However, employees with two years of service are entitled to reinstatement to their employment if the employer does not have just reason or cause for the termination of the employment.
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Centre de santé et de services sociaux de l’Ouest-de-l’Île c. Koziol, 2011 QCCQ 1791 (CanLII)

The Facts: Defendant, a pharmacist, is recruited by Plaintiff for the Centre de santé et de services sociaux de l’Ouest-de-l’Île. Defendant is paid a signing bonus of $10,000 on the condition she work for at least two years.
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Stern c. Valeurs mobilières Desjardins inc., 2012 QCCS 654 (CanLII)

Issue: Does refusal to abide by the employer’s administrative policies constitute serious reason/insubordination?
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McKinley v. BC Tel, [2001] 2 SCR 161, 2001 SCC 38 (CanLII)

Issue: Whether an employee’s dishonesty, in and of itself, necessarily gives rise to just cause for summary dismissal.
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Structures Lamerain inc. c. Meloche, 2015 QCCA 476 (CanLII)

Issue: Abuse of rights in the termination of employment. Decision: In the case of unjustified dismissal, there will be an abuse of right only if an additional fault was committed and that this additional fault results in damages that are distinct from those that result from the termination of the contract of employment. 
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Quebec (Commission des normes du travail) v. Asphalte Desjardins inc. [2014] 2 S.C.R. 514

Issue: When an employee gives the employer a prior notice of resignation, can the employer terminate the employee before said notice?
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Ponce c. Montrusco & Associés inc., 2008 QCCA 329 (CanLII)

Issue:  Abuse of rights in the termination of employment. The employer, Montrusco, recruits and encourages the employee to leave his previous employment to join Montrusco.  Eight months later, Montrusco terminates the employee.
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Premier Tech ltée c. Dollo, 2015 QCCA 1159 (CanLII)

Issue: The notion of serious reason to terminate. The Facts: The employer terminates the V.P. finance.  The reason given by the employer is his failure to achieve the financial objectives. 
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Hemens c. Sigvaris Corp., 2004 CanLII 42042 (QC CA)

The Quebec Court of Appeal held that articles 2091 and 2092 of the Civil Code of Quebec regarding sufficient and reasonable notice of termination are of public order.
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Transforce inc. c. Baillargeon, 2012 QCCA 1495 (CanLII)

The Facts:  A top level executive (Respondent) is hired by Transforce. Just before being hired by Transforce, he is suspended by his previous employer Ratiopharm because of an anonymous email allegation of embezzlement. 
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Published under Employment law