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The Law of Work
Law of Work Archive

New Work Life Comic: Dismissal Without a Cause

by David Doorey September 11, 2012
written by David Doorey September 11, 2012

Lots happening this week at my Bar.   Take a look at this comic, and consider the legal issues that arise from it.

Questions for Discussion
Here’s some typical Employment Law questions.  Can you answer them?

1.  My Bar is nonunion, so James is governed by an individual employment contract.  That contract doesn’t require the employer to have a reason to terminate him.  That being the case, does James have any legal action against his employer arising from this termination?  Is there other information you’d require to answer?

2.  Now assume that James’ contract said that he could be terminated at any time “with 2 week’s notice”.   James has been my employee for 3 years.   Does that make a difference to your answer?

3.  If James has a legal action against me, and he were to win, would he get his job back in your opinion?

4.  If my workplace were unionized, and James was covered by a collective agreement, would the situation be different?  If so, how?

 

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

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