wrongful dismissal complaints
Across Canada, laws favour dismissed workers when it comes to the process and compensation for job loss. This is because sudden income loss can put a significant financial burden on individuals, their families and society at large. Fortunately, employers are required to ease that burden by following the rules laid out in the Employment Standards Act (ESA) and providing proper severance pay when they terminate an employee.
If an employer fails to follow the rules laid out in the ESA when terminating an employee, a worker can file a complaint with the Ministry of Labour. The Ministry of Labour will review the claim and determine if there was a violation. If there was a violation, the Ministry will then award the employee compensation. The type of compensation awarded can include reinstatement, severance pay and monetary damages.
The wrongful dismissal also requires employers to give employees sufficient notice before they can end their employment. This notice period must be at least a week or several days, which should give the employee enough time to look for other work and soften the blow of their termination.
How does the Ministry of Labour handle wrongful dismissal complaints?
In order for an employee to qualify for severance pay, the employee must have served their employer for at least 6 months. The amount of severance pay is determined by considering the age of the employee, their length of service and their salary. The amount of severance pay will then be adjusted for the cost of living in Ontario.
Wrongful dismissal can occur when an employer fires an employee without cause, discriminates against the employee, or retaliates against the employee for exercising their rights. Wrongful dismissal claims can be complex and may involve numerous witnesses, expert testimony and evidence. This is why it is important to consult a wrongful termination lawyer Toronto before proceeding.
If you have been wrongfully dismissed from your job in Ontario, a wrongful dismissal toronto lawyer at Samfiru Tumarkin LLP can help you navigate the complicated legal process of resolving the matter. In addition to a severance package, a successful claim can result in the recovery of additional compensation such as lost opportunities and damages for pain and suffering.
A recent Superior Court decision in the case of Giacomodonato v. PearTree Securities Inc. saw a judge reject an employer’s “unforgiving, scorched earth and bare-knuckle attempt to financially bully a former employee into dropping his wrongful dismissal complaint.” This is a clear message to any employer who engages in this type of behaviour that the courts will not tolerate such tactics.
It is important to note that if you are a unionized employee, your dispute will be resolved through the grievance and arbitration system in your union. This means that you will not need to make a wrongful dismissal complaint with the Ministry of Labour unless you are dissatisfied with the way your union is handling your case. However, if you are not a unionized employee, you can file a wrongful dismissal complaint with the ministry as it is deemed to be a trade dispute under the Industrial Relations Act (IRA) and dealt with by the Ministry of Labour.
