Wrongful Dismissal, What You Need To Know About It
What Is Wrongful Dismissal?
So, you’ve been let go? However, you were given no prior notice, or pay in lieu of time lost. This is the definition of a wrongful dismissal in Ontario.
Wrongful Dismissal is also known as ‘Termination Of Employment‘ or ‘Wrongful Termination‘.
Ontario’s Employment Standards Act(ESA) covers everything that an employee needs to know when signing a contract, accepting a job or what to do upon a termination of employment. The rules that are set forth in this act are to provide rights for the employer and you, the employee. These rules simply cover the bare minimum of what is to be expected in a contractual workplace agreement. While they only outline the minimum requirements, some employees have rights that extend under common law or external legislation. These exceptions can provide the employee with greater rights than a simple notice of termination or termination pay.
Under the ESA, an employer must provide them with one of three things if they are to fire an employee. Either a written notice of termination, termination pay or a combination of the two. The three options must amount to the length of notice that the employee is entitled to receive.
What if the employer fails to provide notice or termination pay?
If this is the case, the employee is left with two options:
You can take your employer to court and sue them for wrongful dismissal.
- Don’t let emotions get the best of you. Before diving into a lengthy court battle, seek legal counsel to see how you can negotiate the best settlement.
- Hummingbird Law offers consultations for those affected by wrongful dismissals.
- There are also online services such as the Wrongful Dismissal Database that assess your situation and calculates severance details. This is done by comparing your age, years of service and occupation against similar recent settlements.
You can file a claim with Ontario’s Ministry of Labour to be awarded appropriate termination or severance pay.
- According to the Ministry of Labour, most employees covered by the ESA are able to file a claim if they believe that their employer is not complying with the law.
- When faced with these options, legal counsel can help to understand rights.
Things to keep in mind:
In the heat of the moment, it is best to stay composed and lay out what you need to do. Weighing your options is essential before you move forward. Consulting employment lawyers can help you understand your rights. Legal counsel can also outline what you may be entitled to if you have suffered a termination of employment.
Don’t settle for the bare minimum outlined under the ESA. Instead, be sure of whether you are entitled to termination or severance pay. Oftentimes, this can be much greater than the statutory minimums offered by an employer.