Can an employer dismiss an employee for breach of their implied duty of faithful and loyal service?
Ontario, Canada
The following excerpt is from Rodrigues v. Powell, 2007 CanLII 29343 (ON SC):
An employer may similarly dismiss an employee for breaching the employment contract’s implied duty of faithful and loyal service. Actual prejudice to the employer need not be proven. Rather, potential harm is sufficient. (see: CIBC v. Boisvert, [1986] F.C. 431 at p. 456 (C.A.)).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When an employer unilaterally changes the essential terms of an employee’s contract of employment and the employee does not agree to the changes, is the employee constructively dismissed? (Ontario, Canada)
What is the duty of an employer to seek alternate employment for employees who have lost their employment due to the loss of their employment? (Ontario, Canada)
What is the difference between the provisions of an employee’s rights on termination from an employee's employment plan and those of the employee's termination notice? (Ontario, Canada)
Can an employee claim constructive dismissal damages if the employer does not provide reasonable notice to the employee? (Ontario, Canada)
Can an employer unfairly change the nature of the relationship by dismissing or constructively dismissing an employee? (Ontario, Canada)
Can an employer in a contract of services claim from the contractor on the ground of breach of contract damages? (Ontario, Canada)
Can an employer unilaterally change the way an employee is dismissed? (Ontario, Canada)
What is the range of damages for breach of contract when an employee is dismissed without advance notice of termination? (Ontario, Canada)
Does an employer have an obligation to provide outplacement counseling to a dismissed employee? (Ontario, Canada)
Is an applicant entitled to compensation for loss of employment due to the employer’s failure to mitigate her loss by making reasonable efforts to obtain suitable employment? (Ontario, Canada)
