Unjust Dismissal (Ontario) Rights After Unlawful or Unfair Termination
Being let go from your job is never easy, but if your termination was unjust, unlawful, or unfair, you may be entitled to far more than what your employer offered. In Ontario, employees are protected from unjustified dismissal and unlawful termination under both the Employment Standards Act (ESA) and common law.
This article explains the differences between unjust dismissal, unjust termination, and related terms like wrongful termination or unjust firing, and what steps you can take if you’ve been treated unfairly.
What Is Unjust Dismissal?
In everyday language, unjust dismissal means you’ve been fired in a way that’s not fair or legally acceptable. This can include situations where:
- You were terminated without cause and without proper notice or pay in lieu
- You were let go for reasons that are discriminatory or retaliatory
- Your employer fabricated a reason to justify the dismissal
Unlawful Dismissal vs. Unjustified Termination
Unlawful dismissal is when the firing breaches a specific law, for example, dismissing someone because they took parental leave, filed a workplace complaint, or required accommodation for a disability.
Unjustified dismissal (or unjustified termination) focuses on whether the employer truly had valid reasons to end your employment, and whether they provided the notice or pay required under Ontario law.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Unjust dismissal is about more than losing a job; it’s about losing it in a way that violates your rights. Our role is to make sure employers are held accountable when they don’t follow the law.”
Other Terms You Might Hear
People often use different terms to describe the same issue. You may see or hear:
- Unjust termination – Often used interchangeably with unjust dismissal
- Unjust firing – Informal way of describing a dismissal without cause or fairness
- Unrightful termination – Less common, but conveys the same idea: a firing that breaches rights
- Unfair termination – A broad term for any firing perceived as unjust, especially if notice/pay rules weren’t followed
While the wording differs, the key question is always: Did your employer follow the law and provide what you were entitled to?
Your Rights After an Unjust or Unlawful Termination
If your dismissal was unjust or unlawful, you may be entitled to:
- Termination pay (ESA minimums)
- Common law reasonable notice – Often much more than ESA minimums, based on your age, length of service, position, and job market conditions
- Severance pay – If you qualify under ESA rules
- Human rights damages – If discrimination played a role
- Bad faith damages – If your employer acted unfairly or maliciously during dismissal
What to Do If You’ve Been Unjustly Fired
Don’t sign anything right away – Severance offers can be much lower than what you’re owed
Gather documentation – Keep your employment contract, termination letter, and any relevant emails
Speak to a lawyer – The difference between an employer’s first offer and what you’re entitled to can be significant
Christopher Achkar adds:
“Employers often hope you’ll accept the first number they put in front of you. Knowing your rights is the best way to protect yourself from an unfair termination.”
Frequently Asked Questions
Any firing without proper cause, notice, or pay in lieu or for reasons that break employment or human rights laws, may be considered unjust dismissal.
Not exactly. Unlawful dismissal specifically breaches legislation, while unjust dismissal can also refer to situations where the firing was simply not fair or justified under the law.
It’s when an employer ends your employment without a valid reason recognized by law and fails to meet notice or pay obligations.
Yes. If your employer didn’t follow Ontario’s legal requirements or acted in bad faith, you may have grounds for a claim.
Without cause terminations are legal in Ontario only if proper notice or pay in lieu is provided. If it’s not, it could be wrongful or unjust dismissal.
Conclusion
Whether your employer calls it unjust dismissal, unlawful dismissal, unjust termination, or something else, what matters most is whether your rights were respected.
If you believe your firing was unfair, contact Achkar Law.
Our team will review your case, explain your options, and fight for the compensation you’re entitled to.
Call toll-free: 1-800-771-7882 | Email: [email protected]
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©
Workplace Law Topics: Wrongful Dismissal, Termination with Cause, Human Rights, Workplace Harassment, Workplace Accommodations, Employment Dispute and Litigation