Every employee’s circumstances are different, therefore before bringing a wrongful dismissal claim against an employer to court it is recommended to get legal advice from an employment law expert. Once you have determined that your dismissal was unjustified, you can either submit a claim to the Ontario Ministry of Labour for an investigation, or go to civil court. This article outlines a general overview of wrongful dismissal law in the province of Ontario.
Determine Whether Your Dismissal is Justified or Unjustified
According to the Employment Standards Act (2000) (the “Act”) an employer has the right to terminate employment without notice if there is just cause. Importantly, the onus is on the employer to prove that just cause existed. Most common grounds for termination include theft, dishonesty, sexual harassment, conflict of interest, and other inappropriate conduct.
An unjustified dismissal occurs when an employer fails to provide an employee with reasonable notice of dismissal. The most common contention with regards to wrongful dismissals is determining the appropriate amount of notice and compensation. When the two parties cannot agree on a reasonable compensation or amount of notice, an employee can decide to proceed with litigation. However, the reality is that most negotiations are settled and never reach trial.
Pursuing a Claim
Once the employee has determined that he or she have not been given a reasonable notice of termination, the employee may decide to proceed with a claim under the Act, or go to a civil court. However, the employee cannot do both.
If an employee brings a claim under the Act, he or she should expect compensation and notice to be the maximum allowed under the Act.
Other Important Information
Depending on your situation, as an employee you may be able to bring your case under the investigation of the human rights complaints board.
Before deciding how to proceed it is highly recommended to seek legal advice regarding your particular case.
Attempt to negotiate a deal with your employer before deciding to proceed with a claim. Most disputes are settled either through correspondence or through other avenues. Considering the high legal fees and time associated with trial, it is in the interests of both parties to negotiate a dispute without reaching court.
Seeking the Advice of a Professional
If you have decided it is time to seek the advice of a professional ensure to email us your contact information and one of our lawyers will contact you promptly.
Nothing on this website constitutes legal advice. If you face a legal issue, you should take specific legal advice from a lawyer before taking any action. Three60Legal takes every reasonable step to ensure the accuracy of the information on this website. However, Three60Legal accepts no liability for any loss or damage arising in any way from the use of this site.
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