Open AccessRecent Developments in Wrongful Dismissal Laws and Some Pointers for Reform
Author(s) -
Geoffrey England
Publication year - 1978
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr2263
Subject(s) - statutory law , dismissal , law , common law , federal jurisdiction , jurisdiction , political science , unfair dismissal , arbitration , nova scotia , law reform , law and economics , economics , sociology , ethnology
This paper examines recent developments in the law of wrongful dismissal. It demonstrates that the current common law fails to regulate satisfactorily terminations of employment and proposes an alternative statutory scheme. Part considers the "minimum contents" required of fair and just system of employment termination. Part II examines the common law response and its inadequacies. Part III suggests proposals for reform, drawing on the ex periences of statutory "just cause"protections in Nova Scotia and England and in Canadian grievance arbitration. Also, the proposed amendments to the Canada Labour Code in bill C-8,1 which introduces "just cause"protections for workers within Federal jurisdiction are considered.