Wrongful Dismissal
Wrongful Dismissal is a legal term that describes when an employer terminates someone in violation of the terms of their employment contract or Ontario employment laws. The most common example of this is when an employer fails to give a worker the correct length of notice or severance pay before terminating them. However, there are many other instances where wrongful dismissal can occur. The best way to determine whether your situation is one that might warrant a wrongful termination claim is to contact a wrongful dismissal lawyer in Toronto.
Whilst the law does not have a formal definition of wrongful dismissal toronto, there are some key principles that will guide an employment tribunal when considering a wrongful termination case. For instance, it is important for an employee to show that they were dismissed in breach of the employer’s obligations under their employment contract. This could include things like failure to follow their disciplinary and grievance procedures or being dismissed in retaliation for exercising their legal rights. The Tribunal will also consider the degree to which the employee was ‘severed’ from their job – in other words, how much damage they suffered as a result of being fired.
In addition, an employee will have a duty to mitigate their damages by seeking re-employment as quickly as possible. If an employer can prove that the employee failed to make reasonable efforts to find new employment, they may be able to reduce the amount of compensation awarded to them. In cases of wrongful dismissal, the duties of mitigation are more stringent than those which apply to claims of unfair dismissal.
What Is Wrongful Dismissal?
It is worth noting that an employer’s actions will be viewed with greater scrutiny than in a normal disciplinary procedure, since they have a broader scope to influence the decision-making process. The Tribunal will expect to see a full and detailed statement of all the reasons for your dismissal. This will include evidence such as any promises made to you orally or in writing, and any documentation relating to your dismissal which was not provided to you on request.
In some situations, an employer will act so unfairly towards their employee that they are forced to resign. This is a form of constructive dismissal, but it will still need to be proved that the working conditions were so intolerable that you were forced to resign – this is called constructive dismissal.
A claim of unfair dismissal is separate to a constructive dismissal action and can be brought by anyone with more than two years of service if they have been dismissed without a fair reason. It is important that an employee checks what their employment rights are before they start work, so if you are unsure of what your entitlements are it is a good idea to get in touch with a wrongful dismissal solicitor in Toronto as soon as possible.
In most wrongful dismissal cases, the Tribunal will award damages in the form of a basic compensation package, which is based on your age, salary and length of service. This is in addition to any statutory payments such as redundancy pay or notice periods. In some instances, the awards have been in excess of 2 years’ wages.
