What constitutes unfair dismissal under Canadian law?

Unfair dismissal under Canadian law primarily refers to termination without just cause. This means that an employer has not provided a legitimate reason for the employee's termination, and the employee has not engaged in any misconduct that would warrant such a decision.

Under the Canada Labour Code and various provincial employment standards acts, an employee who is dismissed without just cause is entitled to a notice period or severance pay, depending on the circumstances. Employers must follow proper procedures and provide clear reasons to justify termination; failing to do so may lead to claims of wrongful or unfair dismissal.

This concept is grounded in the principles of fair treatment and job security, ensuring that employees are protected from arbitrary or discriminatory dismissal practices. In contrast, termination with just cause, voluntary resignation, and frequent absenteeism typically do not fall under unfair dismissal, as they involve either a valid reason provided by the employer or the employee's own choice to leave the position.