In case of dismissal without just and sufficient cause
If a worker believes they have been dismissed unfairly or without any reason that might justify the termination of employment, they may be victim of a dismissal “without just and sufficient cause” under the Act respecting labour standards. In such a case, the employee can challenge the termination of employment.
An employer may end an employee’s employment as part of their right to manage, which includes:
- Assigning tasks;
- Managing performance, discipline, attendance/absences;
- Preventing psychological and sexual harassment.
In the event of a failure by an employee, they can apply progressive disciplinary measures (known as graduated sanctions), which may eventually lead to dismissal.
Serious misconduct on the part of the worker may justify immediate termination of employment.
Administrative and economic reasons may also be invoked, but the employer must meet certain requirements.
However, certain situations may constitute dismissal without just and sufficient cause, for example:
- Disguised dismissal, i.e., the employer presents the termination of employment as a dismissal or layoff, or significantly modifies working conditions, effectively forcing the worker to resign.
- A double sanction, i.e. reprimanding a worker twice for the same failure, e.g. suspension followed by dismissal for the same event.
In the event of dismissal without just and sufficient cause, the worker may file a complaint with the CNESST.
Certain conditions must be met for a complaint to be admissible:
The worker has been employed by the same employer without interruption for at least 2 years;
The complaint is filed within 45 days of dismissal.
