Wrongful Dismissal

wrongful dismissal

wrongful dismissal

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‘.

[1]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:

Option 1

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.

Option 2

You can file a claim with Ontario’s Ministry of Labour to be awarded appropriate termination or severance pay.

  • According to the [2]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.

You don’t have to face this uncertainty alone. Hummingbird Lawyers LLP can be with you to ensure that you receive the severance package that you deserve.

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References and Footnotes

  1. The Government Of Ontario; Your guide to the Employment standards act
  2. The Ministry Of Labour Official Website
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3 Comments

  • Reply May 15, 2018

    Hussain Lakhani

    Good Afternoon,

    I want to file claim against my Employer for Wrongful Dismissal of my employment without giving me notice. Before i start my claim i want to make sure i am eligible to proceed this claim. Please help me in this regards.

    I have joined my employer on 05 February 2018, My 3 months probation gets over on 04 May 2018. and my employer didn’t informed me till 04 May 2018 (Last day of my probation) that they are going to dismiss my employment. They gave me termination letter on 08 May for immediate dismissal with mentioning that my last working day was 04 May 2018. They know i am planning to go on parental leave and i think that’s the reason they terminate me. Because they knows am blessed with Baby boy on 10 March 2018 because i have distributed chocolates to all my colleagues when my baby born. I worked till 04-May 2018 and then after weekend on Monday 07 May 2018 i was sick and not able to join my work and i sent message to my Boss to inform him i am not able to attend my work and he didn’t replied back on my text. still i was not informed that they are going to dismiss me. My probation gets over on May 04, and when i attend my office on Tuesday May 08, they gave me the dismissal/Termination Letter for immediate dismissal. and they didn’t allow me to attend office on 08 May 2018. it was embarrassing for me what they did in front of all my colleagues, i don’t know the reason behind this dismissal but i doubt because am going to plan a parental leave that’s why they terminate my employment or i was sick for a day that’s why they terminate my employment. I want to sue my employer for this human right violence. because it was so stressful for me to get dismissal without notice and reason, and they scout me in front of all my Colleagues like i am thief or i did something very severe. Please let me know how to proceed for my claim.

    Regards
    Hussain

    • Reply May 16, 2018

      Hummingbird Lawyers

      Hussain,
      Thank you for the comment.
      We have forwarded your message to our employment lawyer and he’ll contact you.

      Regards,

      Support.

    • Reply May 16, 2018

      Brian Greenspan

      Hi Hussain,

      Thank you for your comment. I would be pleased to have a short conversation with you about your matter. Please give me a call at your convenience.

      Brian
      905-731-1911 ext 224

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