Unjustified Dismissal Explained

Unjustified dismissal happens when an employee is fired without a valid legal reason or proper notice. If you believe you were wrongfully terminated, this article will help you understand what constitutes an unjustified dismissal, the legal protections in place, and the steps to defend your rights.

Key Takeaways

Unjustified dismissal occurs when an employee is terminated without sufficient legal cause, and proper notice is crucial in determining if a dismissal is unjustified.
Canada’s legal framework mandates minimum notice periods and compensation for unjustified dismissal, offering employees protection against wrongful termination.
Proving unjustified dismissal requires documentation and evidence, such as performance records and witness statements, to support claims against the employer.

What Constitutes Unjustified Dismissal?

When an employer ends an employment relationship without a legally valid reason, it is considered unjustified dismissal or wrongful dismissal. Dismissal without just cause, such as proven misconduct or consistently poor performance, may result in unjustified dismissal if the employer doesn’t follow proper notice or severance requirements.

It is important to note that not every termination without cause is automatically an unjustified dismissal. If an employer provides the required notice or severance pay, the dismissal may be lawful even if there’s no misconduct. The key factor is whether the employer adhered to legal protocols during the termination process to avoid it being classified as unjustified dismissal.

Unjust dismissal can also occur when discriminatory practices are involved. For example, if an employee is dismissed based on factors like race, gender, or disability, this could qualify as unjustified dismissal. Understanding these distinctions helps clarify whether your termination was truly an unjustified dismissal.

Legal Framework Governing Unjustified Dismissal

In Canada, unjustified dismissal is governed by laws such as the Canada Labour Code and the Employment Standards Act (ESA). These laws set out the requirements for notice periods and compensation in cases of unjustified dismissal.

In Ontario, for example, employees are entitled to reasonable notice or pay in lieu of notice based on their length of service. The ESA ensures that employees receive at least one week of notice per year of service, up to a maximum of eight weeks. In some cases, severance pay may also be required in cases of unjustified dismissal.

It’s important to act quickly if you believe you’ve been wrongfully dismissed, as you generally have two years to file a claim for unjustified dismissal in Ontario.

Proving Unjustified Dismissal

To prove unjustified dismissal, you’ll need evidence to support your claim. This could include:

Performance reviews: Showing positive evaluations can counter claims of poor performance and strengthen your case of unjustified dismissal.
Emails or written correspondence: These can document interactions with your employer, showing that you were meeting expectations or that other issues led to your unjustified dismissal.
Witness statements: Colleagues may be able to support your claim by confirming your version of events and further demonstrating unjustified dismissal.

The more thorough your documentation, the stronger your case for unjustified dismissal. Keeping records of all communications and job performance evaluations is key when pursuing a claim for unjustified dismissal.

Employer Obligations During Termination

When dismissing an employee without cause, employers are required to follow certain legal obligations, including:

Notice: Employees are entitled to reasonable notice, based on their length of service to avoid unjustified dismissal claims.
Severance pay: In some cases, employers must provide severance pay in addition to notice if the dismissal qualifies as unjustified dismissal.
Pay in lieu of notice: If an employer doesn’t provide notice, they must compensate the employee with pay in lieu to avoid accusations of unjustified dismissal.

Failing to meet these obligations can result in a claim of unjustified dismissal. It’s important for employers to comply with both the ESA and common law requirements regarding termination to avoid unjustified dismissal cases.

Employee Rights and Remedies

If you’re a victim of unjustified dismissal, you have several options for recourse:

Reinstatement: In rare cases, you may be reinstated to your former position following an unjustified dismissal.
Compensation: More commonly, you may receive termination pay, severance, and possibly additional damages, especially if the unjustified dismissal involved bad faith or malice.

The compensation you receive will depend on factors such as your length of service, your role in the company, and the circumstances of your unjustified dismissal.

Filing a Claim for Unjustified Dismissal

To file a claim for unjustified dismissal, you’ll need to gather evidence, such as emails, performance reviews, and witness statements. In Ontario, claims can be filed with the Ministry of Labour through their online portal or by submitting a form.

Remember, there is a two-year limitation period for filing an unjustified dismissal claim, so it’s essential to act quickly.

Role of Employment Lawyers in Unjustified Dismissal Cases

An employment lawyer can help you evaluate the strength of your unjustified dismissal claim and guide you through the legal process. They can assist in negotiating severance packages, preparing evidence, and representing you in court if necessary.

Seeking legal advice ensures that you understand your rights and increases your chances of a successful outcome in unjustified dismissal cases.

Common Misconceptions About Unjustified Dismissal

One common misconception is that if an employer fails to provide a reason for termination, it’s automatically an unjustified dismissal. This isn’t always the case—what matters is whether proper notice or compensation was provided to avoid unjustified dismissal.

It’s also important to understand the difference between unjustified dismissal, wrongful dismissal, and constructive dismissal. Knowing these distinctions can help you better navigate your legal options in cases of unjustified dismissal.

Impact of Employment Contracts on Unjustified Dismissal

Your employment contract plays a significant role in unjustified dismissal claims. If your employer makes changes to your contract without your consent, it could lead to constructive dismissal, which may be a form of unjustified dismissal.

Clear and legally compliant employment contracts protect both employees and employers, reducing the risk of disputes over unjustified dismissal.

Summary

Understanding unjustified dismissal is crucial for protecting your employment rights. This article has covered the definition of unjustified dismissal, the legal frameworks that govern it, how to prove such cases, employer obligations, and employee remedies. We’ve also discussed the role of employment lawyers, common misconceptions, and the importance of employment contracts in unjustified dismissal cases.

Whether you’re facing a termination or helping someone else, this information empowers you to take informed action. By knowing your rights, you can better handle the challenges of unjustified dismissal and seek the compensation or reinstatement you deserve.

Need Assistance with Unjustified Dismissal?

Whether you’re dealing with a termination or looking to understand your rights, Achkar Law is here to help. Our team of dedicated employment lawyers is committed to guiding you through the legal process and securing the best possible outcome for your case.

Don’t wait—understanding your options early can make all the difference.

Toll-free: 1 (800) 771-7882

Email: [email protected]

Need Help with an Unjustified Dismissal?

If you’ve been dismissed without proper justification, our experienced employment lawyers are here to assist you in seeking the justice you deserve.

Hiring a Lawyer for Wrongful Termination?

Understanding an Employment Law Consultation

Should I Speak with a Lawyer for Job Termination?

What Our Clients Are Saying

4.5

Jean Sagasag

I recently had a consultation with Charlie Millar and I was impressed with his knowledge and understanding of my situation. He was honest and kind. My experience was very positive and I will be recommending him to family and friends.

F Lauw

Had a great consultation with Chris! He was able to see me quite quickly and put me at ease during a very stressful time with his expertise and clear questions. He provided me with multiple options based on my situation and set me on course in the right direction. Thank you!!

Anthony Dinatale

Chris was super helpful and amazing to work with.

Alain Matar

I recently had a consultation with Charlie Millar, and I must say, the experience from start to finish was outstanding. From the initial contact with the company to accommodating an urgent call, everything was handled seamlessly. Charles was incredibly helpful and knowledgeable, showing a clear understanding of my situation. I'm thoroughly impressed and will definitely reach out to him for any future inquiries

Monique Crichton

I had a consultation with an employment lawyer and it went so well. Leading up to the meeting the clerk was responsive, informative and helpful; not to mention very polite. When I had the opportunity to sit with the lawyer she was friendly, attentive, and very well educated. She gave me honest answers to all my questions and provided me with all my options very clearly. It was a pleasure to talk with her and it made me feel a lot better about my situation. She calmed me down and made me feel heard and that I am not alone.I would recommend them to others.

mike battista

Initially, when I had the opportunity to speak with Charles Millar. I was impressed. I consider him a "man of refreshing candour", knowledge, and kindness. I have been dealing with Charles now for several months. He follows up in a timely manner. He's been on point with his recommendations; I feel very confident that his action plans are very well thought out and structured. It has been a pleasure consulting with him. I will be recommending him to friends and family. True professionals like Charles are definitely hard to come by.Thank you.

Christina

Mariel was informative and well knowledged the team takes time to express their care and concern . Worth the consult . They provided me so much direction with confidence . Thank you !!

Gisele Godin

I was in distressed for 24 hours when I unexpectedly lost my job yesterday. This morning, I had a meeting, and it turns out, I'm not the only one in this position when it comes to employment and that makes this stress less heavy. Thank you Achkard Law for your support and expertise.Looking forward to working with you.Gisele

kenneth smith

The whole team, from the start with Rachel and Charles to the conclusion of the hard work and success by Natalie was very positive. I have never been in a situation of constructive dismissal or without a job. They were an outstanding resource and well worth it. I hope they continue to expand their business and hopefully come out west. I would certainly recommend this company and particularly Natalie.

Derrick Ransom

A very positive experience with professional and forward thinking individuals. Thank you for the hard work.

Marco Tasca

Excellent, professional and thorough. Communication was always clear and concise and they were open and available for questions and support throughout the whole process. Everyone I dealt with at the office was great. Thank you Madison, Charles and Natalie for your quality work! Couldn't be happier with the process from beginning to end and of course, the result.

Kay Zee

Christopher was extremely supportive during a transitional period at my workplace. Together, we explored my options, and his guidance was consistently insightful. I had an outstanding experience and would certainly enlist his services again anytime in the future.

Matthew Mccormick

I had spoken with Mariel. She was really sympathetic and made everything easy to understand. Calmed my nerves and explained everything fully.

Leandra LeGendre

I had the pleasure of working with Chris regarding a severance package. He was thorough, asked great questions, and made sure things I hadn't thought about were covered and that I was being treated fairly. In addition to being happy with the quality of Chris' work, he was kind and even asked about my daughter. He clearly cares about people and that value came through in our conversations which I appreciated.

Rachel Lea Heide

My first consultation meeting with associate lawyer Mariel was very positive and helpful. I really appreciated her questions, empathy, listening, and expertise and advice she was able to give even at the very beginning of my file. If my work situation doesn't improve, I do look forward to working with Mariel and the Achkar Law firm team to tackle the issues.

Jennifer quirk

I had a great experience. Great team, very helpful and understanding. Will use them again in the future.

Mac MacGillivray

Madison was a great resource and put my mind to ease. I look forward to working with Madison to resolve my claim. Achkar Law took the time to research my concerns, were quick to respond on line and spoke to a lawyer within 24 hours. They provide kind and friendly service and care about their clients.

Adam Buchnea

Charles was very knowledgeable and resolute during our strategy consultation. I appreciated having skilled eyes on our contracts, which will undoubtedly pay off in the long term.

Dakota Little

I had a talk with Charles Millar, and he was a gentleman and a scholar. Very knowledgeable and extremely helpful. He demonstrated in depth understanding of the rules and laws surrounding my issue, which made me feel comfortable in his representation.I’ll continue to utilize the skills of Charles as well as the rest of his team.

J. T.

Charles is an absolute professional. He is approachable and answers all the questions that I have regarding my case. He read through all the materials that I shared with him before the meeting, so that I did not need to repeat myself. Our strategy session was very productive, and he shared all the actionable steps and provided great legal advice. I will reach out to him again if we need additional help.