Unjust dismissal

Unjust dismissal is not a general legal concept for non union employees in BC. The usual claim is wrongful dismissal: an employer may end employment without cause but must give reasonable notice or pay in lieu, and a dismissal without proper notice and without just cause is wrongful. Unjust dismissal complaints exist only for certain federally regulated employees.

How BC law treats it

The Employment Standards Act, RSBC 1996, c 113 provides minimum written notice or compensation for length of service, up to eight weeks, which is not owed where there is just cause; it does not adjudicate fairness or generally order reinstatement. Common law reasonable notice is usually longer and is claimed in court, while unionized employees use the grievance process.

What it means for your business

Before ending someone's employment, check the employment contract, the statutory minimums and the likely common law notice period.

Risks and common mistakes

Relying on the statutory minimum when the contract does not validly limit notice can expose you to a much larger common law claim.

For the full explanation, see our entry on Wrongful dismissal.

General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.