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Difference between revisions of "Employment Law Issues (9:V)"
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Employment Law Issues (9:V) (view source)
Revision as of 03:52, 11 December 2021
, 03:52, 11 December 2021→4. Remedy: Court Claim
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Claims for breach of contract are addressed through civil court claims, either at Provincial Court or Supreme Court depending on the potential value of the case. | Claims for breach of contract are addressed through civil court claims, either at Provincial Court or Supreme Court depending on the potential value of the case. | ||
Suing an employer while still on working notice is a risky move, as a court can find that the act of suing an employer can amount to just cause. See [[ | Suing an employer while still on working notice is a risky move, as a court can find that the act of suing an employer can amount to just cause. See [[#5. Just Cause Dismissal | Section V.C.5: Just Cause Dismissal]] for more information. | ||
There is conflicting case law on whether an employer would have just cause to dismiss an employee who sues the employer while still employed. As a result, prior to suing an employer while the claimant employee is still working or on a period of notice, claimants should carefully research the law and compare the current law to the employee’s particular circumstances. | There is conflicting case law on whether an employer would have just cause to dismiss an employee who sues the employer while still employed. As a result, prior to suing an employer while the claimant employee is still working or on a period of notice, claimants should carefully research the law and compare the current law to the employee’s particular circumstances. | ||
Sometimes, a written contract, or certain provisions within it, will be invalid. See [[ | Sometimes, a written contract, or certain provisions within it, will be invalid. See [[#2. Employment Contract Considerations | Section V.2: Employment Contract Considerations]] to determine whether the contract or any of its provisions are invalid. | ||
== C. Termination of Employment == | == C. Termination of Employment == | ||
