Wrongful dismissal in Canada is the dismissal of an employee from their job post or from the company as a whole, in a way that breaches the contract of employment.
What Is Wrongful Dismissal and When It Occurs
According to Canadian law, wrongful dismissal occurs when an employee is dismissed with or without cause, without being provided a proper notice period. In Canada, the standard acceptable notice period is considered to be two weeks, however, common law only dictates that “reasonable notice” must be given.
Most contracts will specify a precise notice period for both parties in which case, either party is legally required to give said amount of notice in writing before leaving a job or dismissing an employee.
When an employer fails to give “reasonable notice” or does not give the amount of notice specified in the employment contract, this is considered wrongful dismissal.
When Wrongful Dismissal Doesn't Occur
There are many misconceptions about what is classed as wrongful dismissal as most people assume the term refers to being dismissed for an unfair or improper reason.
This is not the case, however, for proving that the dismissal was unfair or even unlawful, does not mean that it was wrongful dismissal unless it pertains to a breach of law regarding notice periods.
An employer can dismiss an employee out of anger, malice or simply because they dislike them as a person. However, none of these things mean that the dismissal was wrongful unless the terms of the employment contract have been broken.
Either party maintains the right to terminate the contract at any time, provided adequate notice is given.
What To Do If You Have Been Wrongfully Dismissed
If you have been wrongfully dismissed, you can commence civil litigation against your employer - this is commonly referred to as taking wrongful dismissal action.
This is the process of claiming monetary compensation from your employer for wrongfully dismissing you from your duties. Being wrongfully dismissed has an immense impact on your livelihood, thus you can claim damages.
You can also commence litigation in situations where an employer has changed the terms of your contract and you haven’t agreed to them and been dismissed as a result.
This is often referred to as constructive dismissal, and also gives grounds for the wronged party to pursue legal action and attempt to claim compensation.
Baker Doodnauth's Experience With Wrongful Dismissals
If you need a lawyer in Newmarket or York Region, then Baker Doodnauth may be the firm for you. We can help you to figure out whether you have a rightful claim to compensation for wrongful dismissal, as one of our specialties is civil litigation. Our association of lawyers will help you with all of your legal needs.
If your dismissal was a criminal offence rather than a civil one, we also specialize in criminal law, so we have all of your bases covered. Contact us today and find out how we can help you with all of your legal needs!