Wrongful & Unjust Dismissals

Understanding and navigating issues that arise upon the termination of an employment relationship is no simple matter – particularly with ongoing changes in employment standards legislation, complex human rights issues and advances in technology.

Our lawyers approach each case with a practical perspective reflecting our clients’ business models and goals. We partner with our clients to work with them in advance of any termination to prepare defensible severance packages and to understand, minimize and eliminate any contractual, statutory or other legal challenges. We are on hand to help you through every step in the process, from drafting the initial contract with a termination clause to defending against a wrongful dismissal action in court.

Services

We provide strategic advice to public and private sector employers on all termination-related issues, including:

  • Termination clauses in employment contracts (as well as drafting termination letters and severance packages, and negotiating severance agreements)
  • Employment standards obligations
  • Human rights matters
  • Complex compensation issues related to executive compensation, pension, company shares and stock options
  • Plant or company closure situations

We also represent employers in:

  • Wrongful dismissal and constructive dismissal actions
  • Mass termination claims
  • Class actions
  • Statutory complaints under provincial employment standards legislation
  • Unjust Dismissal Complaints under the Canada Labour Code
  • Human rights complaints under provincial and federal human rights legislation

On wrongful and constructive dismissal matters, we have experience representing clients in all forums, including appearing before adjudicators and tribunals, and at all levels of courts.

The Hicks Morley Advantage

Hicks Morley is widely regarded as Canada’s leading law firm focusing on management-side employment law and advocacy. More than 40 of our lawyers are members of our Litigation Practice Group and are regularly involved each year in civil litigation of one kind or another. Hicks Morley’s litigators are well-known for their skilled and effective advocacy, built through frequent appearances before all levels of court and administrative tribunals. Nearly all of these litigation lawyers have active human rights practices as well.

We are committed to understanding your organization, providing advice that is tailored directly to your needs, and ensuring your satisfaction.