Dawson v. FAG Bearings Ltd.

2008 CanLII 55459 (ON SC)Decided Wrongful dismissal

Wrongful Dismissal: Long-Term Employee Claims Termination Without Just Cause

Summary

A wrongful dismissal case involving a long-term employee with almost 14 years of service who was terminated due to alleged unsatisfactory performance. The court examined whether the termination was justified under the progressive discipline policy and whether the employer failed to investigate alternatives to dismissal or provide adequate support. The employer was found to have failed to discharge their burden to prove cause for summary dismissal.

Outcome

Employer failed to discharge burden to prove cause for summary dismissal

Key Factors

  • wrongful dismissal
  • just cause
  • progressive discipline policy
  • employment contract
  • long-term employee

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.