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Comparative Systems of Wrongful Dismissal: The Canadian Case

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  • TERRY H. WAGAR

Abstract

While unionized employees in Canada and the United States share similar protections against unjust dismissal, there are noticeable differences between the two countries with respect to nonunion employees. In three Canadian jurisdictions, nonunion employees who are wrongfully dismissed may be able to seek statutory remedies including reinstatement. As well, employees may be able to proceed with a court action based on the common law of wrongful dismissal. This article provides a summary of the avenues available to the nonunion employee with particular attention to wrongful-dismissal law principles. More specifically, major features of the law of wrongful dismissal are discussed, including what constitutes just cause for termination, factors used in the calculation of reasonable notice, and remedies available to an employee in a wrongful-dismissal action. Reference is made to both legal analyses and empirical studies. In addition, some of the limitations of the law are noted.

Suggested Citation

  • Terry H. Wagar, 1994. "Comparative Systems of Wrongful Dismissal: The Canadian Case," The ANNALS of the American Academy of Political and Social Science, , vol. 536(1), pages 56-69, November.
    • Handle: RePEc:sae:anname:v:536:y:1994:i:1:p:56-69
    DOI: 10.1177/0002716294536001005
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