What obligations do employers have to prevent wrongful dismissal situations?
employers have to prevent wrongful dismissal situations
The term “wrongful dismissal” encompasses situations where an employer terminates an employee in breach of the employment contract or Ontario employment laws. This can include instances where the employer fails to provide the employee with adequate notice or severance pay, terminates the employee without any cause or reason, dismisses the employee in retaliation for exercising their legal rights or terminating an employee on the grounds of discrimination.
The wrongful dismissal discussion here is primarily focused on non-unionized workplaces. In unionized environments, employees’ concerns are typically addressed through the labour law and grievance procedures established through the collective agreement.
The majority of wrongful dismissal claims arise because an employer terminated an employee in violation of their contractual or statutory rights. For example, in some cases an employer may terminate an employee on the spot, failing to allow them to work out their full contractual or statutory notice period or paying them compensation “in lieu” of this entitlement. The type and amount of damages awarded in a wrongful dismissal case will often be dependent on whether the breach of contract was express or implied.
What obligations do employers have to prevent wrongful dismissal situations?
For example, in the absence of an express termination clause, an employer must provide their employee with a minimum of 8 weeks’ common law reasonable notice. In addition, unless the employer has just cause for terminating the employee, they must also pay the employee their normal pay during this time. In most cases, this is the employee’s base salary plus any bonuses, commissions or other benefits that they would have earned during the notice period.
Other examples of wrongful dismissal can include an employer breaching a contract by firing a worker before the end of their fixed term or probationary contract, breaching a company policy or procedure by firing an employee for raising a safety concern or by terminating a pregnant or breastfeeding employee in violation of their human rights. In some cases it can even be argued that the employer’s reason for terminating the worker was so egregious, or so far in violation of public policy, that a claim for wrongful dismissal lawyer should be permitted.
An experienced employment lawyer can help you determine if you have a wrongful dismissal case and what remedies are available to you. Contact Ball Professional Corporation for a no obligation consultation with one of our experienced wrongful dismissal lawyers in Toronto.
Wrongful termination is a significant area of employment law and it can have significant implications for both the employee and the employer. It is important that you consult with an experienced wrongful dismissal lawyer as soon as possible to avoid committing any serious mistakes in this area of law. Please contact us today to arrange your free no obligation consultation with one of our wrongful dismissal lawyers. We serve clients throughout Ontario and the GTA. We look forward to speaking with you. Ball Professional Corporation – Your trusted source of expert advice in the areas of employment, labour and disability law.