What Is a Dismissal?

Definition of Dismissal

Dismissal refers to the termination of the employment relationship by the employer due to an employee’s behaviour, actions, or performance. Unlike a layoff, which is generally driven by economic or organizational reasons, dismissal is disciplinary or administrative in nature.

It may occur immediately in cases of serious misconduct or following a progressive disciplinary management process.

Important notice – The content presented in this article is provided for informational purposes only. It does not constitute legal advice or personalized professional advice. Every management or employment termination situation may involve specific circumstances. We recommend consulting a lawyer, legal advisor, or qualified HR professional before making a decision.

Examples of Reasons for Dismissal

An employer may dismiss an employee for various reasons, including:

• Unsatisfactory performance despite follow-up and support
• Repeated lateness or absences without justification
• Failure to comply with internal policies
• Ongoing conflicts or inappropriate behaviour
• Theft, fraud, harassment, or insubordination
• Irreparable loss of trust

The Legal Framework in Quebec

In Quebec, dismissal is governed by the Act respecting labour standards, the Civil Code of Québec, and, in some cases, collective agreements or individual employment contracts. For a dismissal to be considered valid, certain principles generally apply:

• The employer should document the situation and demonstrate a serious reason for dismissal.
• A progressive approach is generally required, except in cases of serious misconduct.
• The employee may be entitled to notice of termination, except in circumstances where immediate dismissal without notice is justified.

Dismissal vs. Layoff vs. Temporary Layoff