Difference between revisions of "Employment Law Glossary (9:App A)"

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'''Constructive Dismissal'''   
'''Constructive Dismissal'''   
*A fundamental violation of the rights of an employee, by the employer, so severe that the employee would have the right to consider himself as dismissed, even though there has been no express act of dismissal on the part of the employer.  
*A unilateral change by an employer to a fundamental term of an employee’s contract (such as pay or job duties).  The change must not be condoned, and must be significant.  The employee might claim this change is a constructive dismissal (or equivalent to a dismissal because of the significance of the change), even though there has been no express act of dismissal on the part of the employer.


'''Contract'''  
'''Contract'''  
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'''Employment at Will'''  
'''Employment at Will'''  
*An employment contract during which the employer may terminate the employment at any time. This type of employment does not legally exist in BC (or anywhere in Canada): if the employment contract purports to allow the employer to terminate the employee without notice, it is invalid and the employee may be able to obtain a severance award.  
*An employment contract during which the employer may terminate the employment at any time. This is an American concept, as this type of employment does not legally exist in BC (or anywhere in Canada): if the employment contract purports to allow the employer to terminate the employee without notice, it is invalid and the employee may be able to obtain a severance award.  


'''Just Cause'''  
'''Just Cause'''  
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'''Wrongful Dismissal'''  
'''Wrongful Dismissal'''  
*The failure to provide reasonable notice of the termination of an employment contract without just cause.
*The failure to provide reasonable notice of the termination of an employment contract.  Wrongful dismissal is a term that can apply to cases when an employer doesn’t provide enough notice or severance in the case of a without cause dismissal, or when an employer fires an employee without any notice or severance in the case of a just cause termination.




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