In the event that the misconduct the employer relied upon to justify a «just cause» dismissal did not in fact justify an immediate dismissal, an employee can
pursue wrongful dismissal damages.
These people are eligible to
pursue a wrongful dismissal case against their employer if they wish.
Not exact matches
After careful analysis of the claim, Justice Perell decided not to exclude group 1 because although they could not
pursue damages for
wrongful dismissal, they were free to advance claims for the other aspect of the class action suit.
Federally regulated employees have the option of claiming unjust
dismissal and
pursuing a claim under adjudication provision of the CLC or initiating a
wrongful dismissal action.
He represented the former MD of a luxury performance sports car manufacturer in his High Court claim for
wrongful constructive
dismissal, obtaining summary judgment and a # 1m interim payment before
pursuing his entitlement to shares.
Joseph is experienced in
pursuing and defending a wide range of litigation matters that may arise in the lifetime of a condominium corporation including construction liens, defamation and slander lawsuits, contentious requisition meetings,
wrongful dismissal claims and insurance matters.
On appeal, Duncombe contended that, by virtue of the 2002 Regulations, by the time his employment terminated his contract transmuted into a permanent contract and therefore he was entitled to
pursue his unfair and
wrongful dismissal claims.