Wrongfully Dismissed in Canada
If you are wrongfully dismissed in canada, you may be entitled to compensation. If you were fired without cause, the employer must either retract the termination or at least provide the employee with adequate notice and severance pay. The latter is often overlooked, as many employers only comply with the minimum severance amounts set out in provincial legislation or common law. However, it is possible to recover the full amount of severance you would have been paid under your contract or under common law if you consult an Ontario constructive dismissal lawyer.
Getting fired can be a devastating blow to your career and finances, but it is possible to receive fair compensation for wrongful termination if you act quickly and consult an experienced employment lawyer. A wrongful dismissal lawyer can help you determine whether you have a valid claim and how to proceed. The wrongful termination laws in Ontario are complex, and understanding them can make the difference between a successful or unsuccessful case.
Wrongful dismissal is defined under the Canada Labour Code and protects employees who work for federally regulated companies, regardless of their union status. The law outlines the minimum standards that must be met, including providing two weeks of notice or pay in lieu of notice and compensation for two years of service if an employer fires an employee without cause. While misconduct or poor performance can qualify as just cause for firing an employee, the law encourages employers to consider other disciplinary measures, such as verbal and written warnings, suspension with or without pay, and/or progressive discipline. Moreover, employment contracts can contain termination clauses that limit severance pay to the minimum amounts guaranteed by the employment standards legislation. Grasping these aspects of the law allows an employee to assess whether they have a wrongful termination case and how much compensation they may be entitled to receive.
What Happens If You Are Wrongfully Dismissed in Canada?
The wrongful dismissal process involves filing a complaint with the Canada Industrial Relations Board (CIRB). Complaints are filed with a Labor Program office in your region. Once your complaint has been submitted, a Labour Affairs Officer will review it and try to settle it with the employer. If your complaint cannot be settled, the CIRB will refer it to the board for further consideration.
You must file your complaint before the expiry date specified on your notification letter. The CIRB only hears complaints that have been filed by an individual employee or group of employees, and it does not accept complaints from unions, corporations or other organizations. The CIRB also does not hear claims of unjust dismissal or constructive dismissal toronto in cases where another procedure for redress has been provided under a different Act of Parliament.
An employee can claim constructive dismissal if their employer unilaterally changes the terms of employment in a significant way. This can include reducing the employee’s compensation, demoting them to a lower position, introducing new working conditions that are not compatible with their physical or mental health, or changing shift patterns without justification. The CIRB will look at each case on a case-by-case basis. The CIRB will award damages for lost income and any other losses you might have sustained as a result of the change in your employment.