Graeme Fraser does not represent employers; he acts solely for employees in the non-union workplace. There is seldom a situation arising in anyone’s lifetime that is more imbalanced and unfair than when that person is fired from their job, especially without notice. All employees, whether entry level or upper management, long term or short, have rights at this time that Graeme will ensure are protected and pursued for you. If you do not receive your just entitlement, you have likely been wrongfully dismissed. Your termination pay in lieu of notice, severance pay, and potentially also common law notice, must be determined in order to obtain what is usually referred to as your “severance package”. If your former employer will not reasonably negotiate, a claim can be brought against that employer in court for wrongful dismissal, where employees can be assured that the imbalance between the parties is eliminated, and where Graeme Fraser has achieved outstanding results for his clients.
If your employer has unilaterally altered a fundamental term of your employment, you may have been constructively dismissed. It is important that any employee in this situation obtain legal advice, as the way in which you react to the change may jeopardize your right to complain about it in the future. Graeme has successfully represented and advised countless employees who have been constructively dismissed.
Graeme Fraser also provides legal advice and representation in these areas:
The law has described constructive dismissal as being a case where an employer unilaterally makes a fundamental or substantial change to an employee’s contract of employment. When this occurs, the employer is committing a breach of the contract that results in its termination and entitles the employee to consider himself
At common law, the general wrongful dismissal principle is that an employee is entitled to reasonable notice of termination of his or her contract with the employer, or payment in lieu of notice. The exception to the rule occurs when “just cause” exists; the employer is then entitled to dismiss
When Arnold Schwarznegger took over Donald Trump’s role on ‘The Celebrity Apprentice’, albeit short-lived, he replaced the Donald’s favourite phrase – “You’re fired” – with “You are terminated”. Although this was an obviously appropriate catchphrase for Arnold to assume, it also happens to be legally correct. The likelihood of
No. But most people use the terms interchangeably, without knowing the difference, and that includes employers. In fact, to allegedly soften the blow, some employers even tell their employees that they are being laid off, perhaps thinking that this phrase is less harsh than hearing, as Trump used to say:
Employment lawyers fall into two broad categories: those who represent employers, and those who represent employees. If employees in the workplace are members of a union, the lawyers involved on either side practice in the related, but distinct, area of labour law. The rights and obligations of employees and employers