Employment Law: Employees > Wrongful Dismissal
In the province of Ontario, where a significant portion of Canada’s workforce resides, employers have certain rights and responsibilities when it comes to terminating their employees. While employers have the authority to dismiss employees for various reasons, they are obligated to provide reasonable notice or adequate compensation to employees upon termination. Failure to do so is considered “Wrongful Dismissal” under Canadian employment law.
It is essential to understand that Canadian law goes even further to protect employees from being terminated on the basis of discriminatory attributes such as race, age, gender, or sexual orientation. This robust legal framework aims to ensure that employees are treated fairly and equitably, regardless of their personal characteristics, and that they are not unfairly dismissed due to such factors.
In addition to wrongful dismissal, there is another concept in employment law that is of paramount importance – constructive dismissal. Constructive dismissal occurs when an employer engages in actions or behaviours that effectively force an employee to resign from their position. While this may not appear as straightforward as a conventional termination, it can be just as damaging, if not more so, to the employee.
Employers who engage in constructive dismissal tactics might employ various strategies to make an employee’s work environment unbearable. This can include drastically changing an employee’s job description, significantly reducing their responsibilities, or slashing their pay, essentially demoting them without formally terminating their employment. It can also involve subjecting the employee to harassment, unfair layoffs, or any other actions that make it nearly impossible or exceedingly challenging for the employee to remain in their current job. These actions are considered forms of constructive dismissal under Canadian employment law.
For employees who find themselves in a situation of constructive dismissal, it is crucial to be aware of their rights. Canadian law affords them the same protections and entitlements as employees who have been wrongfully dismissed through traditional means. This means that they are eligible for compensation and support in a manner similar to employees who were formally terminated.
When facing a wrongful or constructive dismissal situation in Ontario, it is vital to seek professional legal guidance. Employment lawyers, such as those at Vice & Hunter LLP, specialize in understanding the intricacies of employment law in Canada. These legal experts can help individuals navigate the legal complexities and find the appropriate remedies for their unique situation.
The dedicated employment lawyers at Vice & Hunter LLP can assist you in pursuing termination pay and severance pay, ensuring that you receive the benefits and restitution you are entitled to following your termination. In some cases, they may even work to secure reinstatement, allowing you to return to your position if that is the most suitable course of action. Our expertise in Canadian employment law ensures that you receive the support and compensation you deserve when facing the upheaval of losing your job.
In Ontario, and across Canada, it is crucial for employees to be aware of their rights and legal protections when it comes to wrongful or constructive dismissal. Each province and territory in Canada has its own employment standards and labor laws. You can visit the Ontario Ministry of Labour website to find information and resources related to Ontario employment standards. The Employment Standards Bureau provides information about employment standards and regulations at the federal level. They can help you understand your rights as an employee in Canada.
The devastating experience of losing a job is challenging enough, and individuals should not have to endure additional hardships due to unfair treatment or unlawful termination. The legal safeguards in place exist to ensure that employees are treated fairly and that their rights are upheld in the workplace.
To gain a more comprehensive understanding of your rights as an employee in Ontario or to seek legal assistance when facing a wrongful or constructive dismissal, it is advisable to consult experienced employment lawyers who can guide you through the legal process. By knowing your rights and having the support of legal professionals, you can begin to rebuild your life and regain the stability that was lost during this difficult period.
Making It Right
The employment lawyers at Vice & Hunter LLP can find the appropriate available remedies for wrongful or constructive dismissal. We can help you obtain termination pay and severance pay, benefits, restitution for loss or injury caused by your termination, and, in some cases, reinstatement.
We can help you choose from a number of options to ensure that you are treated fairly:
Courts: You can pursue an action in one of several courts, depending on your employer’s conduct and the amount of loss you have suffered.
Administrative tribunals: You can file a complaint with the Ministry of Labour or the Human Rights Tribunal; under the Employment Standards Act, Ontario Human Rights Code or Pay Equity Act; or through a number of other kinds of legislation meant to protect you as a worker.
Negotiation or mediation: For most clients, working with the employer to determine a proper compensation package may be the fastest and best way to get the appropriate compensation.
Contact Vice & Hunter LLP For Legal Support
Call one of our employment lawyers: J.F. Lalonde, Morgan McCartney, or Jennifer Gravel Vanasse at 613-701-0898 or 866-252-0670 (toll-free). Or you can fill out our online form below if you have lost your job in Ottawa and nearby regions of Ontario.