Unjust Dismissal: Employer’s Response re Reasons for Termination

The company’s reply to the request for reasons for termination has been considered to be the equivalent of a statement of defence in civil proceedings. ¹

The employee’s complaint does not, however, act as a statement of claim. It typically simply states that the employee was dismissed without just cause. The theory of the claim, such the remedies sought, the details of the claims for reinstatement, back wages and aggravated and/or punitive damages are not set out.

In a case arguing just cause or the discontinuance of a function, the employer will present its evidence first. This allows the employee a strategic advantage as they may determine their rebuttal based on the strength of the case which has been presented.

In a case alleging just cause for example, the employee may well decide to admit the allegations or some of them as opposed to an initial intent to deny the events and in turn, lead evidence of their rehabilitative intent.

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1. FCA Amer v Shaw December 2023