The Alberta courts are very interested in the ‘manner of your dismissal’ much more than the cause, and here’s why
Nuances of EMPLOYMENT TERMINATION: Alberta Courts’ Focus on the ‘Manner of Dismissal’ Over Cause – Insights from Osuji & Smith Employment Lawyers
The intricacies of employment law in Alberta play a crucial role in defining the relationship between employers and employees, a dynamic that becomes particularly complex during the termination of employment. While many jurisdictions focus heavily on the cause of dismissal in employment cases, Alberta courts have established a noteworthy approach: placing significant emphasis on the ‘manner of dismissal’ rather than the cause. The seasoned team at Osuji & Smith Employment Lawyers sheds light on this aspect of Alberta’s employment law, explaining why the process surrounding an employee’s termination is often scrutinized more intensely than the reasons for the termination itself.
The Human Aspect and Procedural Fairness
Firstly, it is imperative to understand that employment is not just a contractual relationship. It involves a human aspect that transcends the mere exchange of labor for financial compensation. Employees invest time, skills, and often an emotional aspect into their roles, which legally translates into an expectation of fair treatment.
The manner of dismissal refers to how the termination process is handled by the employer, including the communications and actions taken leading up to and during the termination. Courts in Alberta have demonstrated a concern for the human side of this process, ensuring that the dismissal was not only justified but also conducted with a degree of dignity, sensitivity, and respect for the employee involved.
“Employers must understand that the end of an employment relationship, especially when initiated unilaterally by them, can have a profound personal and financial impact on employees,” employment law counsel from Osuji & Smith notes. “Legal precedents in Alberta require that this process be handled with fairness, clear communication, and ample respect for the individuals’ rights.”
Maintaining Trust in the Employment Relationship
The focus on the manner of dismissal also stems from the legal perception of the employment relationship as one built on mutual trust, confidence, and loyalty. Any abrupt, misleading, or disrespectful termination methods can be seen as a breach of this implied covenant, often referred to as the “duty of good faith and fair dealing.”
“In several landmark decisions, Alberta courts have made it clear that a breach of this duty during the dismissal process could lead to additional damages against the employer,” employment lawyers at Osuji & Smith explain. “These are separate from traditional severance or notice period compensations and are levied to reprimand employers who engage in egregious conduct during the termination process.”
Deterrent Against Unfair Employment Practices
The legal system’s emphasis on the manner of dismissal serves a broader societal role: to act as a deterrent against harsh, unreasonable, and unfair employment practices. By holding employers accountable for not only why they choose to terminate an employee but also how they execute the dismissal, the courts foster a more just and balanced employment landscape.
“The consequences for mishandling a dismissal can be quite severe in Alberta,” the employment law legal team adds. “We’ve seen cases where punitive damages were awarded because the employer’s conduct during the termination was particularly harsh, misleading, or unduly insensitive. This aspect of employment law serves as a powerful reminder for employers to maintain ethical standards in their employment practices.”
Encouraging Transparent and Constructive Communication
Emphasizing the manner of dismissal encourages employers to adopt transparent, clear, and constructive communication policies with their employees. This practice is not only beneficial in maintaining a positive work environment but also crucial during times of disputes or potential dismissals.
“Good communication helps prevent situations where an employee feels blindsided by their dismissal,” Osuji & Smith lawyers elaborate. “It provides an opportunity for the employer to explain the reasons for termination, possibly even allowing the employee to rectify the issue if dismissal isn’t the only solution.”
By encouraging this level of dialogue, courts ensure that both parties have a chance to address underlying issues potentially, making the termination process clearer and more predictable when unavoidable.
The approach of the Alberta courts underscores a modern and holistic understanding of employment as a relationship that extends beyond contractual obligations. By focusing on the manner of dismissal, the legal system accounts for the personal, emotional, and societal implications of job terminations, promoting a fairer, more empathetic, and respectful workforce culture. As our experts from Osuji & Smith Employment Lawyers emphasize, for anyone navigating this landscape, whether as an employer or employee, understanding these nuances is crucial in ensuring that one’s rights are protected and responsibilities are clearly outlined.
