Labour Relations Board and Employment Standards Act

Labour Relations Board and Employment Standards Act

What is “wrongful dismissal”?

Wrongful dismissal, ‘wrongful discharge’, or ‘unjustified termination’, is the termination of employment without due process, or in a manner that violates the terms of a contract. To remedy wrongful dismissal, the Court takes a number of factors into consideration.

If this has happened to you, you may be eligible for one of the following remedies:

  • reinstatement of the employment status;
  • money in payment of damages;
  • an extension of employee benefits; or
  • a reference letter.

More often than not, the remedy for wrongful dismissal is the payment of the money that would have been earned in a reasonable notice period. This is shortened to a term called ‘notice.’

While employers generally have the ability to make business decisions in their own best interest, employees are protected under the Employment Standards Act (“ESA”), which sets out only the minimum standards that an employer must meet. The Courts actually take a much more generous approach than the ESA when determining fairness and notice. 

What makes matters more complicated are the verbal and written contracts between employers and employees that don’t involve the ESA. Moreover, the Ministry of Labour may become involved if there is a complaint, and/or the Workplace Safety and Insurance Board if there is a workplace injury. For something this complex, it’s best to have a professional assist you with determining your rights.

If you believe you were terminated unfairly, George Brown Professional Corporation can help you by making the employer understand that dismissal must fall within the parameters of the law. The Employer may have substantial reasons to terminate, such as gross misconduct of an employee, lack of qualification, incapability to perform assigned duties, redundancy, etc....

If you are an employer who has been accused of wrongful termination, our office can assist you with clarifying to the former employee that there were reasons for the termination and that the employer acted within their rights.

 

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