In a series of cases the Court of Quebec looked at the question of an employer’s justification of termination for “serious reasons’ and held that an employer’s legitimate business reasons are not the same as “serious reasons” at law.
The two cases Corporatek Inc. v. Khouzham and Premier Tech Ltée v. Dollo stand for the principle that, in non-disciplinary cases, prior to terminating employment for a “serious reason,” an employer must first notify the employee of the risk of termination, explain the reasons for the decision, and allow the employee to address their shortcomings. This applies even if the employee has committed a number of serious mistakes or has demonstrated serious deficiencies in his or her work. If it fails to do so, the employer may have a legitimate business reason to terminate the employee but this is not the same as having a “serious reason” at law, and so the employer may still have the obligation to provide reasonable notice of termination.
De Bousquet PC has a proven track record of fighting for employees’ rights. If you believe that your employer has treated you unfairly, don’t face your struggle alone – let us help you obtain the best results in your case.