WRONGFUL DISMISSAL

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Wrongful Dismissal: Know Your Rights

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A Wrongful Dismissal in Ontario can occur when an employee is dismissed where there is no cause for immediate dismissal, or the notice provided is less than agreed upon or reasonable, the dismissal is said to be “wrongful”. Furthermore, even if an employer dismisses an employee with cause, it may not be deemed a Wrongful Dismissal.

There are two streams of employment law that govern an employees rights in Ontario:

1. Legislative; and

2. Common Law.

The Ontario’s Employment Standards Act (ESA) sets out minimum standards that must be met in Ontario workplaces, such as wages, vacation time, working hours, leaves of absence and notice periods.

The Ministry of Labour administers the ESA through the Employment Standards Program (ESP). The ESP investigates workplace complaints and enforces compliance with the ESA.

Common Law in Ontario provides additional financial entitlements for employees who have been Wrongfully Dismissed. The Common Law entitlements are typically greater than the minimum notice periods and severance provisions of the ESA.

Have you been Wrongfully Dismissed? Gilbert Barristers & Solicitors is here to assist you during this difficult time. Our team of trial lawyers will put you and your rights first. We will fight for a fair and just settlement.

We provide free consultations for Wrongful Dismissal related employment issues by calling us at 1-866-720-2245 or completing this form.

I've been dismissed without cause, how much am I entitled to receive?

The ESA sets out the minimum notice that an employer is required to pay an employee. An employer cannot contract out of these minimum standards. Subject to your employment contract, an employee may be eligible to a greater notice period at Common Law. The entitlements of Wrongfully Dismissed employees are determined by the courts on a case-by-case basis. The courts will consider the four Bardal Factors which stem back to Justice McRuer's decision in Bardal v. The Globe and Mail Ltd.

Character of Employment;
Length of Service;
Age of the Employee; and
Availability of Similar Employment.

There can be no catalogue laid down as to what is reasonable notice in particular classes of cases. The reasonableness of the notice must be decided with reference to each particular case, having regard to the character of the employment, the length of service of the servant, the age of the servant and the availability of similar employment, having regard to the experience, training and qualification of the servant.

The amount of renumeration that you can receive in lieu of notice at Common Law is more of an art than a science. Settlements and awards can range from the ESA minimums up to 24 months pay in compensation. It is important to consult with an employment lawyer if you have been dismissed or have related questions.

If you have questions, we provide free consultations for Wrongful Dismissal related employment issues by calling us at 1-866-720-2245 or completing this form.

I am a short service employee, how much pay in lieu of notice will I receive?

At Common Law, the entitlements of Wrongfully Dismissed employees are determined by the courts on a case-by-case basis. In recent times, courts have awarded large awards even if the employee has only worked for several months.

Here are a few examples:

In Nogueira v. Second Cup, the employee was a 47 year-old manager, terminated without cause after eight and a half months of employment and was awarded 4 months compensation.

In Laszczewski v. Aluminart Products Limited, a 47-year old Director of Production, terminated with cause after six months of employment was found to be a wrongful dismissal. He was awarded 4 months compensation, or $35,333.32.

If you have questions, we provide free consultations for Wrongful Dismissal related employment issues by calling us at 1-866-720-2245 or completing this form.