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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.

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