What Happens If You Are Wrongfully Dismissed in Canada?
Wrongfully Dismissed in Canada
Wrongful termination can happen when an employer breaches the terms of an employee’s employment contract or Canadian labour laws. In a case of wrongful dismissal, employees are entitled to notice and compensation for their loss of employment. However, it’s important to understand the difference between wrongful dismissal and constructive dismissal.
The term “constructive dismissal” refers to a situation where an employer’s behaviour makes working conditions so intolerable that the employee is left with no choice but to resign. This can occur over a single serious incident or a pattern of incidents. If an employer alters working conditions to such a degree that it forces the employee to resign, the employee can file a complaint of wrongful dismissal and be entitled to severance pay and termination pay.
In Canada, an employer can only terminate an employee without cause if they give the required minimum notice period or pay in lieu of notice. This amount is set out in the employee’s employment contract or by law. The employer must also provide a Record of Employment and pay out any eligible benefits such as vacation or sick days. If an employer does not follow these procedures, the employee can file a complaint of unjust dismissal with the Canada Labour Program.
The process of filing a complaint can take some time. Typically, an employee must first gather all the relevant documents and submit them to the Canada Labour Program office closest to them. After that, the worker can expect a letter of confirmation that the complaint has been received and that it will be investigated. Depending on the severity of the issue, it can take months to resolve the case.
What Happens If You Are Wrongfully Dismissed in Canada?
If a complaint is found to be valid, the employee may be awarded severance pay and termination pay, as well as other related expenses. An experienced wrongful dismissal lawyer can help workers determine what they are owed in severance and termination payments based on the terms of their employment contracts and the law.
If you believe you have been wrongfully dismissed in canada, it is crucial to seek legal counsel immediately. An employment lawyer can assist in navigating the potential time limits for bringing a lawsuit against your employer, as well as advising on what options are available to you. Contact a Toronto wrongful dismissal lawyer at Samfiru Tumarkin LLP for further information on how to best protect your rights.
Being wrongfully dismissed in Canada can be a daunting experience, but fortunately, Canadian labor laws provide protections for employees in such situations. Wrongful dismissal occurs when an employee is terminated from their job without just cause or without proper notice or compensation. If you find yourself in this situation, understanding your rights and the steps to take is crucial.
Firstly, it’s important to recognize what constitutes wrongful dismissal in Canada. Generally, employees who have worked for a company for a certain period, usually three months or more, are entitled to reasonable notice or compensation upon termination, unless there is just cause for immediate dismissal. Just cause typically involves serious misconduct such as theft, fraud, or gross insubordination. If an employer terminates an employee without just cause or fails to provide adequate notice or severance pay, it may be considered wrongful dismissal under Canadian law.