What are the legal principles applicable to a wrongful dismissal action?

British Columbia, Canada


The following excerpt is from Khoziry v. Yaletown Office Furniture Ltd., 2004 BCPC 150 (CanLII):

The legal principles applicable to an action for wrongful dismissal are helpfully summarized in Graham v. Canadian Cancer Society [1995] B.C.J. No. 56 at page 8 and I refer to those relevant to the case at bar: (a) The employee is entitled to be made aware of the responsibilities and restrictions imposed on him by the employer. (b) The employee is entitled to be advised of the employers dissatisfaction and notified that his position is in jeopardy. (c) Cumulative causes may justify dismissal without notice where the events taken individually would not but mere inadequacies and errors of judgment ought not to be so put together. (d) Wilful disobedience may justify dismissal without notice but the onus is on the defendant to establish that the acts were in defiance of clear and unequivocal instructions or were known to be contrary to the employers objectives.

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