The relationship between plaintiff gender and just cause determination in Canadian dismissal cases

Widespread concern has been expressed recently over the differential treatment of women by the courts and various arbitration and adjudication proceedings. Based on data obtained by content analysing 367 Canadian dismissal cases from 1980 to 1993, this study examines the relationship between the plaintiff's gender and the court's ruling regarding the existence of just cause for termination. The results indicate that female plaintiffs are more likely than men to succeed in their court action. However, in comparison with their representation in the Canadian workforce, a relatively small percentage of women are plaintiffs in wrongful dismissal actions. Possible explanations for the study's findings are discussed.Funding for this study was provided by a Saint Mary's University Senate Research Grant to the first author. The very capable research assistance of Nancy Canavan and Jane MacNeil is gratefully acknowledged.