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What are my rights? - Non-unionized - Constructive Termination - Employer's Bad Faith
Happily for the cause of employees, the Supreme Court of Canada has recognized that the employment relationship is possessed of unique characteristics involving issues of morality higher than those prevailing in the jungle of the commercial marketplace.

The Supreme Court of Canada stated in a court case known as Wallace v. United Grain Growers:

Work is one of the most fundamental aspects in a person's life, providing the individual with a means of financial support and as importantly, a contributory role in society. A person's employment is an essential component of his or her sense of identity, self-worth and emotional well-being.

Thus, for most people, work is one of the defining features of their lives. Accordingly, any change in a person's employment status is bound to have far-reaching repercussions.

Therefore, if an employer conducts a termination in a manner demonstrating bad faith, an employee will likely be entitled to a larger severance payment than if the employer had proceeded to conduct the termination in a humane manner.

For an example of a court case where an employee was found to be entitled to a longer period of notice due to the employer's conduct, please read Khan v. Fibre Glass-Evercoat Co.

Please read Other Reasonable Notice Criteria section to understand more about Reasonable Notices.

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