Wrongful dismissal claims are the bread and butter of employment lawyers. We deal with a wide variety of issues, from complex litigation involving harassment and discrimination to proactive work like drafting contracts and policy manuals. However, many clients come to us because they need to pursue or defend a claim that, at its core, is focussed on the amount of notice or dismissal, or pay in lieu thereof, that the former employee is entitled to.
One aspect of the law relating to termination of employment that has developed in recent years is the obligation of an employer to fairly and thoroughly investigate alleged misconduct before taking disciplinary action. Several decisions over the past few years have made it clear that if an employer fails to investigate, or fails to investigate properly, before dismissing an employee for cause, they are likely to face damages for wrongful dismissal, as well as extraordinary damages relating to the matter of dismissal and the impact on the employee.