common law impact wrongful dismissal
For several centuries, the legal system operated on a foundation of judge-made common law before Parliament gained legislative powers to create statutory laws. Even today, the courts retain some authority to make laws without legislative intervention, and judicial decisions have a significant impact on how the law is interpreted and applied.
In wrongful dismissal cases, the court’s role is to determine whether the employee has been terminated for an unacceptable reason and, if so, to award appropriate compensation. As a Toronto employment law firm, Bune Law has extensive experience in helping employees in Ontario recover damages for wrongfully dismissed claims. Our understanding of the common law enables us to see through many of the tactics employers employ in an attempt to avoid or minimize their termination entitlements.
One of the defining features of common law is its reliance on precedent. Whenever a dispute arises that has not been previously decided by a court, judges look at past cases to synthesize the law into clear principles and analogies that guide how the current case should be resolved. This principle, known as stare decisis, is a key component of the rule of law and a major reason that common law systems remain robust in spite of their relatively loose ties to legislation.
How does the common law impact wrongful dismissal cases?
Generally, when a court makes a ruling in a specific case that is based on common law, it becomes binding precedent for future cases with similar facts. However, the court’s decision in a given case will be influenced by a wide range of factors including the nature and complexity of the facts of the present case, whether the previous ruling was clearly erroneous, and what the most recent ruling on the same issue has been.
The result of this is that a court can change the legal landscape quite dramatically over time, addressing new trends in social and political philosophy without the disruption of a legislative process. However, this flexibility comes with a price. The fine boundaries and definitions that exist in the interstitial common law are not easily discerned, and it takes considerable judicial effort to find what the actual rules on a particular issue might be.
Because of this, the law is susceptible to distortion and abuse by interest groups who want to influence how the courts rule. For example, early feminism in the 19th and 20th century was difficult to sustain because of the long-held common law principle that husbands (rather than wives) were entitled to custody of children following a divorce.
As the common law evolves, it is essential that people have a strong understanding of their rights and responsibilities in workplaces where the common law governs. Our Toronto employment lawyers have the knowledge, experience and dedication to assist employees with wrongful dismissal toronto. Contact Bune Law today to discuss how we can help you pursue the compensation that you may be owed. We are available to meet with you in person, by phone or email.