In Ontario, wrongful dismissal occurs when a worker is terminated without just cause. It can also involve a breach of the employment contract terms under the Employment Standards Act. It may also be reported under other applicable labour legislation in Ontario.
In simple language, this means that an employee was terminated unfairly or illegally. Let’s understand more about the wrongful dismissal situations and how you can deal with them.
Ontario is not limited to only one specific situation of wrongful dismissal. Here are examples: the most common now are:
If you believe you have been facing wrongful dismissal in Ontario, there are a few things you can consider:
Employment Contract: Review your contract and confirm the employer is respecting the terms regarding dismissal. If the dismissal is not in accordance with the terms of the contract, this could be wrongful.
Termination Notice: Generally, employees are entitled to some notice before being fired, or compensation for that notice period. If you did not receive the proper notice, you may have been wrongfully terminated.
Just Cause: Employers must always have ‘just cause’ to terminate an employee, for example,willful misconduct, willful neglect of duty and conduct that is not trivial and not condoned by the employer. If there is no just cause provided or it does not meet legal standards, you may have been wrongfully terminated.
Severance Pay: Employees with a certain period of service may be severance pay. If they do not provide it or provide it incorrectly, your dismissal could be determined as wrongful.
If you think you have been wrongfully dismissed, taking the right steps to resolve matters can surely improve your chances. Here’s what to do:
To avoid being wrongfully dismissed, you must understand your rights as an employee. Here are some steps you can take ahead of time:
Wrongful dismissal is not being terminated with proper notice or without cause. A constructive dismissal claim relates to being forced to resign due to a forceful change in employment.
You have two years from the last day of work to initiate a claim for wrongful dismissal.
If you qualify, you could receive severance pay and notice or pay in lieu.
Speak with a lawyer and file a complaint with the Ontario Human Rights Commission.
Yes, a lawyer can help you negotiate a fair severance and, where applicable, full compensation.
At Rutman Law, we understand how difficult it can be to deal with wrongful dismissal in Ontario. If you suspect that you have been wrongfully dismissed from your employment, you need to be aware of the importance of getting appropriate legal advice from a lawyer. Our experienced and knowledgeable team of experts look forward to assisting you with the complicated legal issues and to ensuring that you are compensated fully for your wrongful dismissal and loss.
Don’t hesitate, contact us today to get a consultation with our employment lawyer to discuss your rights and to start moving towards justice.
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