The Executive Firing Line: Wrongful Dismissal and the Law

Sam Coghlan was Deputy Director and Senior Consultant of the Thames Ontario Library Service Board, Southwestern Ontario.

Not only executives aware of their own vulnerability to being fired, but also executives who may have to fire others are the audience at whom this book is aimed. The Executive Firing Line is not for mere workers; unions and collective agreements are not discussed. But the book is about more than “Wrongful Dismissal and the Law,” although that subtitle does well describe its primary focus. The book should be read by anyone who may be involved at any time in the termination of an executive in Canada.

The law relating to wrongful dismissal is covered adequately and eloquently. The principles of the law are described in a text which refers to actual court cases but does not become bogged down in describing details of these. One case, however, late in the book receives exceptional coverage, as 15 pages are devoted to an edited excerpt from an actual legal judgment — this exception offers an excellent example of the sort of judicial reasoning being discussed in the book. The author, a lawyer previously a law professor, does not hesitate to offer commonsense comments as to the fairness of the law as it stands.

The fine points of wrongful dismissal cases are discussed: When are you fired? Who is an employee? What does and does not constitute sufficient cause for firing? How can you be fired without having exactly been told so? What constitutes reasonable notice? What can and will a Canadian court do for someone terminated improperly? These questions are all answered as well as several ancillary ones. The style remains intelligent and interesting throughout.

The book transcends the dryness of a legal treatise not only in style but in content as well. The chapter “How to Avoid Lawsuits” should be imitated in all law books in its attempt to offer general advice on how to avoid ugly situations. This chapter exemplifies how Grosman refuses to limit his discussion to law but touches on broader aspects of termination. Two other chapters deal with the human effects of firing and its consequences to the company. These matters are not discussed exhaustively, but many important considerations are raised. One could only wish that titles for further reading had been recommended.

The author’s biography notes that his legal practice is devoted largely to “wrongful dismissal litigation and to advising corporate employers and employees on terminations, employment contracts, and management rights.” The book reveals much of the fruit of his experience without appearing to be disguised advertisement. He discusses the importance of independent advice, especially legal advice. He recommends the use of relocation counsellors yet critically analyzes their operation as he has seen them. This attitude is typical of the overall positively professional nature of the book.