Labour Standards
Your employer generally must provide reasonable notice when dismissing you. However, there are exceptions to this.
The main exception is when your employer has “just cause” to dismiss. Under the Labour Standards Code wilful misconduct, disobedience, or neglect of duty are grounds for just cause dismissal. However, the misconduct must be sufficiently serious, and generally cannot be minor and isolated errors.
Your employer be able to demonstrate just cause if:
You seriously breach the terms of the employment relationship or behave in a manner that makes it impossible for a reasonable person to carry on in the employment relationship. E.g. theft, fraud, assault, harassment, destruction of property, insubordination, and wilful misconduct.
OR
There is a history of progressive discipline for long-term misconduct or inadequate job performance. This may be a collection of less serious incidents which would not constitute just cause dismissal alone. Your employer generally must address these issues with you at the time, offer an opportunity for improvement, and maintain a record of discipline. Generally, your employer should start with verbal explanations / warnings, then progress to written warnings if you do not address the issue, then progressive suspensions if you still do not address the issue, and then consider dismissal.
Whether just cause can be demonstrated is dependent on the situation and the facts regarding your dismissal. Many factors may be relevant; however, the full picture must indicate that you are not fulfilling your job conditions.
There are a small number of other exceptions to providing notice, such as if your employer’s business suffers a fire or explosion. Contact the Halifax Workers Action Centre for more information.