Wrongful Dismissal in Ontario
The first step to take if you feel that you have been unfairly dismissed is to file a claim for what constitutes wrongful dismissal in Ontario. You are not required to file this claim before the courts, but doing so will help your case when the matter goes to trial. If you are unsure about whether or not your employer has contravened the Human Rights Act or other provincial laws, you should consult with a professional lawyer who specializes in Employment Law. There are several common factors that will determine whether or not your employer has contravened the Act. You will need to make the determination on your own. In order to make a successful claim, you must show the court that there was a clear breach of one or more of the provisions of the Act.
One factor to consider when making what constitutes wrongful dismissal in Ontario is the length of time an employee has been employed by his or her employer. If an employee has worked for an employer for a number of years and is informed that another position has been created within that company, this is considered a reasonable notice period under the Act. An employee who has only recently worked for an employer is not likely to be granted the same notice of termination as one who has been employed for a longer period of time. Also, a dismissal due to a change in the employee’s working conditions will affect the length of the reasonable notice period under the Act.
The next factor that will affect whether or not an employee is entitled to what constitutes wrongful dismissal in Ontario is whether or not the employer had given him or her a reasonable notice of termination. There is no requirement that the employer have told the employee in advance that he or she would be being dismissed. However, if the employee was informed of this via a regular written communication such as a notice of dismissal, this is considered a reasonable notice of termination and considered a wrongful dismissal in Ontario.
What Defines Wrongful Dismissal in Ontario?
If you feel that you have been unfairly dismissed, it is important that you speak with an experienced employment lawyer in Ontario. It may be possible to determine whether or not you are entitled to what constitutes wrongful dismissal in Ontario by talking with an employment lawyer. Employment lawyers in Ontario specialize in this area of the law. Therefore, it is likely that they will be able to give you a clear understanding of your legal entitlements. You should consult with an employment lawyer in Ontario immediately following the consultation with a human resources manager or the employer in case you believe that you are not eligible for what is called a “concerted dismissal”.
A “concerted dismissal” is when two employees who were being closely supervised by the same person quit on their own without just cause. These employees can make a claim for what is commonly referred to as a “sign away” or wrongful dismissal claim. If you decide not to sign away your rights, you should know that you can still bring a claim for what is commonly referred to as a “severance package”. If you have been working in the same job for a number of years and your contract of employment has run out, this is a common occurrence in many industries. However, some employers will still try to use the old school approach of terminating workers via a terminated employment contract in an attempt to get out of paying severance pay.
When an employee is wrongfully dismissed in Ontario, there are a number of protections that you may be entitled to. In addition to monetary damages, you may also be entitled to reinstatement (earning back pay from the point of wrongful dismissal) and other costs related to emotional distress and loss of income. There are many different factors that go into determining if an employee is being wrongfully dismissed. For example, if an employee has worked for an employer for five years without a complaint or a valid reason for being let go, it may be considered discriminatory. Similarly, if the employer fails to give notice of the actual departure, even though it is in good faith, it can be considered as well.
