Examples Of Wrongful Dismissal
Wrongful dismissal isn’t an acceptable way to get rid of staff. Do you believe you were wrongfully dismissed from your recent job? If you think you were, consider the five signs below.
1. Contractual Obligations
If you signed a contract with an employer, it likely includes a termination clause. This is an important clause to reread, not only if you think you’ve been wrongfully dismissed but because many of these clauses aren’t drafted properly. The clause has to abide by the province’s minimum standards per the Employment Standards Act, provincial legislation that spells out terms such as how much notice employers have to give, how much employees are entitled to pay in lieu of, and other features.
As the clause is often improperly drafted, …show more content…
“Reasonable” Notice
Reasonable notice is defined using a variety of encompassing factors. These factors include age, length of service, education, position held, seniority, and likelihood of future employment. If reasonable notice isn’t given, employers still have the obligation to provide their staff with sufficient working notice of dismissal.
The term “reasonable,” even with its definition, can still be subjective. The notice you were given could be considered inadequate, in which case you might have an argument. If you didn’t receive notice or a deadline specifying the designated end date, there could be grounds for wrongful dismissal.
3. Discriminatory Practice
All employers are bound to the Ontario Human Rights Code, provincial legislation that protects employees from unjust discrimination and harassment in specific areas—one of those being employment. Employers can’t dismiss staff without legal grounds. If you believe you’ve been wrongfully dismissed based on discriminatory practice, you could take legal action by bringing an application to the Ontario Human Rights Tribunal.
The same hiring practices apply to firing, and an employer must show the reason for termination is clearly work or business-related—not discriminatory. Dismissal must be lawful. If it’s not, you’re entitled to the appropriate remedies concerning your
1. Contractual Obligations
If you signed a contract with an employer, it likely includes a termination clause. This is an important clause to reread, not only if you think you’ve been wrongfully dismissed but because many of these clauses aren’t drafted properly. The clause has to abide by the province’s minimum standards per the Employment Standards Act, provincial legislation that spells out terms such as how much notice employers have to give, how much employees are entitled to pay in lieu of, and other features.
As the clause is often improperly drafted, …show more content…
“Reasonable” Notice
Reasonable notice is defined using a variety of encompassing factors. These factors include age, length of service, education, position held, seniority, and likelihood of future employment. If reasonable notice isn’t given, employers still have the obligation to provide their staff with sufficient working notice of dismissal.
The term “reasonable,” even with its definition, can still be subjective. The notice you were given could be considered inadequate, in which case you might have an argument. If you didn’t receive notice or a deadline specifying the designated end date, there could be grounds for wrongful dismissal.
3. Discriminatory Practice
All employers are bound to the Ontario Human Rights Code, provincial legislation that protects employees from unjust discrimination and harassment in specific areas—one of those being employment. Employers can’t dismiss staff without legal grounds. If you believe you’ve been wrongfully dismissed based on discriminatory practice, you could take legal action by bringing an application to the Ontario Human Rights Tribunal.
The same hiring practices apply to firing, and an employer must show the reason for termination is clearly work or business-related—not discriminatory. Dismissal must be lawful. If it’s not, you’re entitled to the appropriate remedies concerning your