Sources of Protection Against "Wrongful Discharge" in Canada

Kenneth Wm. Thornicroft

---

DOI: 10.2190/D2XC-7PV8-Y397-LMQM

Abstract

Despite its continuing erosion, the doctrine of "employment-at-will" remains a fundamental tenet of American employment law, although its continuing viability is a matter of some debate. Common law exceptions, and federal and state legislation, are hastening its demise. The contemporary American employment law landscape is a patchwork quilt of laissez-faire contract principles, common law exceptions, and ad hoc state and federal legislation. By contrast, the doctrine of "unjust dismissal," or "wrongful discharge," is well-entrenched in Canadian employment law. Wrongful discharge claims may be advanced under the common law of contract, pursuant to express or implied "just cause" provisions in collective bargaining agreements, or in accordance with the myriad federal and provincial statutory provisions that, in particular circumstances, constrain an employer's ability to terminate employees. This article examines the "Canadian model" and suggests that it might be used as a springboard for continuing reform in the United States.

---

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.