wrongfully dismissed
An employee can be wrongfully dismissed in Ontario if their employer terminated them without sufficient working notice or severance pay stipulated by law, or if the termination was discriminatory or in reprisal for having complained about discrimination, or in reprisal for trying to enforce their employment rights. In addition to monetary damages the employee can be awarded compensation for injury to their dignity, feelings and self-respect. If the discrimination was serious, it could also include compensatory damages for mental distress.
Generally, wrongful dismissal cases are not about getting one’s job back. It is, with very few exceptions, about getting money. A dismissed employee can claim monetary damages in an amount that compensates the employee for the wages, commissions, bonuses, profit sharing and other such emoluments that the employee would have received during their lawful notice period (minus earnings from new employment obtained during the lawful notice period).
In Canada, unlike most European jurisdictions, employees do not have a legal right to continued employment. Non-unionized non-managerial employees can be terminated at will by their employers without giving any reason or even without providing any notice whatsoever. However, it has long been the case that reinstatement is not a remedy for unjust dismissal. Instead, a dismissed employee may file a complaint with the Canada Industrial Relations Board.
Can an employee be wrongfully dismissed due to discrimination in Toronto?
To do so, the employee must file a complaint within 90 calendar days after being terminated. A Labour Affairs Officer from the Labour Program will help the employee and their employer try to settle their complaint. If that fails, the employee can ask the Labour Program to refer their complaint to the Board.
The Labour Program and the Board will investigate your complaint, and may refer it to a Tribunal (similar to a Court) for a hearing. However, most wrongful dismissal toronto matters never go to Trial. In fact, some studies suggest that over 90 percent of wrongful dismissal matters do not go all the way to Trial.
As the process of establishing wrongful dismissal requires substantial expert evidence, it is usually in both parties’ best interests to settle their dispute. It will often be far more cost effective for the employer to pay a sum of money to the employee than to face a lengthy Trial.
Whether you are being sued for wrongful dismissal or have been accused of wrongfully dismissing someone, having the assistance of an experienced lawyer will make all the difference. With a Toronto wrongful dismissal attorney on your side, you will be well-positioned to achieve a positive outcome. Call us now to get started on your case!