Wrongful Dismissal in Ontario
What is wrongful dismissal in Ontario? Wrongful dismissal is simply when an employee is fired from their position without just cause or proper notice of dismissal. The proper amount of notice varies according to various factors such as the existence and enforceability of your employment contract, whether or not you have been paid redundancy pay, and even if you have been fired with or without cause. In addition, wrongful dismissal in Ontario also covers any disciplinary action taken against an employee for reasons considered to be discriminatory. There are certain things that you must keep in mind if you feel that you have been wrongfully dismissed.
The first step to take if you feel that you have been wrongly dismissed is to check your employment contract very carefully. Your contract must contain specific information relating to any circumstances that may constitute grounds for dismissal. In addition, it should also clearly state your rights and responsibilities under the contract and any applicable laws. For example, it should detail the procedures that would be followed if you complain about any incident that is considered to be discriminatory.
As soon as you find a reason to request a hearing from an employment board, make sure that you have all the necessary documentation to show that your dismissal was wrongful. If you believe that you have been unfairly dismissed, then it is important to file a complaint immediately. If you have filed a complaint but your employer does not deny the facts of your case then the Employment Tribunal will hear your case and will make its decisions based on what it deems to be reasonably necessary. If the Tribunal finds that you have been unfairly dismissed, you can request a judicial review of the decision made by the tribunal.
What is wrongful dismissal in Ontario?
If you have been unfairly dismissed for any reason, it is important to know that there is often a process that you must go through before you can receive compensation. The Process will allow you to collect all of the information that you need to represent you in your attempt to recover damages for wrongful dismissal in Ontario. Most importantly, you must provide notice to your employer of your intention to proceed with the claim. You must notify your employer 30 days before you intend to file a notice of claim with the Employment and Industrial Relations Board.
In addition to being notified of your intention to pursue a claim for wrongful dismissal in Ontario, you may be entitled to additional compensation. For example, if you have been discriminated against or if your employer has discharged you unfairly for reasons related to your job, you may be entitled to severance pay. Severance pay is money that you would receive in lieu of being terminated from your employment. Even if your employer offers you employment elsewhere, you are still entitled to this severance payment if you have been unfairly discharged from your position.
If you are wondering how to sue for wrongful dismissal in Ontario, consult an attorney who specializes in Employment Law. An attorney can guide you through the entire process. If you suspect that you have been discriminated against or if you have been fired unfairly for reasons related to your work, you should definitely consult an experienced lawyer to help you determine whether or not you have a case against your former employer.
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