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Structures Lamerain inc. c. Meloche, 2015 QCCA 476 (CanLII)

Issue: Abuse of rights in the termination of employment.  Complete Decision.

Decision: In the case of unjustified dismissal, there will be an abuse of right only if an additional fault was committed and that this additional fault results in damages that are distinct from those that result from the termination of the contract of employment.  The moral damages resulting from an abuse of right must be distinct from the indemnity for termination pay.