What Is Wrongful Dismissal In Ontario?
A wrongful dismissal in Ontario occurs when an employee is terminated without cause or justification, fired or laid off by their employer and not provided appropriate notice of termination, or notice of dismissal, or pay in lieu of notice. Pay in lieu of notice is commonly referred to as termination pay or severance pay.
A dismissal may also be a result of a settlement agreement entered into while employment, as well as at other times. A dismissal may be without cause, and it can even be made without reason by agreement. However, employees are protected from dismissal for a number of reasons, which are often not obvious. If you have recently been fired by your employer, it is crucial that you have all the facts regarding your termination, especially when considering pursuing a wrongful dismissal claim.
How Is Wrongful Dismissal In Ontario Defined?
There are various sorts of dismissal in Ontario, which can be lawful as well as unjust. This means you can dismiss an organization you work with and terminate a partnership in a company with the sole goal being to gain the advantage over your business client. For instance, suppose an organization that employed you left you out of a project for which you were qualified, although the work was done in a style in which you were completely unfamiliar with; could you be charged with the wrongful dismissal of your former employer? The answer to this question is very much an easy yes.
There are several causes of wrongful dismissal in Ontario that can be covered by a wrongful dismissal charge. We will highlight a few of them below:
A wrongful dismissal charge can be filed when:
The organization dismisses an employee for any reason, which, when found to be unjust, means that any remedy of dismissal would be justified under the law.
The employee can prove the reasons for dismissal as not having been justified or reasonable.
The company can prove that the reason for dismissal was one that did not fall within the employer’s business enterprise standards and could be considered unprofessional.
What Kinds Of Wrongful Dismissal In Ontario Are There?
A wrongful dismissal charge can be the remedy that you seek when you believe you were wrongfully dismissed.
There are three kinds of wrongdoing that you might need to seek help from to obtain an Ontario wrongful dismissal court judgement:
Wrongful termination: The organization dismisses an employee in a manner that could be considered unjustified or not appropriate. They do this for a variety of reasons.
Liability of the employer: It is the employer’s responsibility to have a workforce in place for the business
In Ontario, a dismissal is not a complete loss of employment or a complete denial of one’s status as an active member of the workforce, but it simply represents the removal of one’s employment or agency status. If this is done with the knowledge and approval of the employer(s) or their representative(s), a “wrongful dismissal claim’ is brought against the employer(s), and seeks a return of the money that was due to the employee or agency that was dismissed.
This is different than an “unjust dismissal claim’ brought against the employer(s), and which seeks payment of the lost wages and benefits owed to the employee. In these claims, the claimant is seeking actual damages, as well as an injunction, to restore the financial status that was originally lost by the employer (s).
Employers’ Potential Liability Within A Wrongful Dismissal Claim?
A wrongful dismissal claim against an employer is generally brought to recover the benefits that were wrongfully withheld or to recover the value of the employee’s services during the period of wrongful dismissal.
An employer can be found liable in wrongful dismissal claim for the following reasons:
The employee/agency was given a contract of employment.
The employee/agency was terminated without written leave.
The employee/agency’s contract was one that did not include a requirement that he or she provide a written notice of termination not less than 10 days before the termination date.
The employer had knowledge of a pre-existing “mutual obligation to provide for the employee” that was ignored and not followed by the employee.
If you believe that you were wrongfully terminated or have claim for wrongful dismissal, let Toronto’s Family-First Wrongful Dismissal Team at Benjamin Law handle the details, in order to get you the compensation that you deserve.