Legal Definitions in the Work Place
When someone is employed it is implied that there is an employment contract, which can be supplemented by employment or labor standards, or by legislation. These standards usually provide for particular procedures to be followed, and if those procedures are not adhered to, the employer could be liable for damages based on the fact that he was “wrongfully dismissed” by his employer.
Bad Faith, according to a labor arbitrator in Ontario, Canada in 1992, is defined as whenever a person intentionally tries to deceive or mislead another to gain some advantage. In one case, another Canadian writer refers to the following characteristics of Bad Faith: A prior history of dispute, ill-will or personal hostility between the employer and employee; revenge; unfairness or partiality; lack of honesty and withholding information; out and out lies; an evil motive on the part of the employer.
When an employee is dismissed, the employer must give the employer reasonable notice of termination, unless there is just cause not to. If there is just cause to terminate without notice, then no notice is needed. Sometimes judges believe that severance pay compensates employees for their past contributions to the business.
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