When an employee was dismissed for cause by his employer without any termination or severance pay, his co-worker referred him to Franklin Law. Ron Franklin had dealt with this particular employer before, and when he reviewed the circumstances surrounding the employee’s termination, he came to believe that the dismissal was unjust. Ron found two facts to be particularly problematic. First, the worker claimed that he was suffering from a disability that contributed to the very behaviour that his employer relied upon when it terminated his employment. Second, the worker claimed that he had been subject to double jeopardy by being disciplined for the same offence twice.
Like most employers, this employer initially stood its ground. To the employee’s credit, he continued to work with Franklin Law, and showed a great deal of courage and trust in Franklin Law’s approach. Franklin Law understood the financial pressures involved and continued to represent the employee under a discounted flat fee billing arrangement. About eight months after Franklin Law initiated legal action under the Canada Labour Code and the Canadian Human Rights Act, the employee’s courage and perseverance paid off, and the parties were able to settle the matter.
This case is important because it reinforces the fact that an employer’s decision to dismiss an employee can often be challenged even when the employee admits that their conduct may have been inappropriate. For more information about Franklin Law, please click here. For more information about our discounted flat fee billing model, please click here.