How Do You Prove a Wrongful Dismissal in Ontario?
Especially during these strange times of COVID-19, some individuals have wondered if they can bring a claim of wrongful dismissal against their employer. The laws temporarily changed during COVID to provide for employers who had to downsize their workforce due to lockdowns, incentivizing them to lay off employees instead of dismissing them. Consequently, some employees are now left confused about their current rights.
The Legal Rights of the Employer to Dismiss Without Reason
While wrongful dismissal is unlawful, there is a matter of proving it under our laws. And proving wrongful dismissal will depend on the terms of your employment. An employer has the right to terminate any person for any reason other than discrimination. While this may seem unfair to the employee, it is the legal right of an employer to make changes to their workforce without having to give a reason for the dismissal.
Reasonable Notice
But there is one rule that all employers must follow: giving reasonable notice of that dismissal to their employees. In most cases, an employer will choose to pay severance to the employee in lieu of that warning. But in some cases, the employer will choose the option of reasonable notice. Consequently, while employees can bring a wrongful dismissal claim against an employer, most wrongful dismissal cases surround appropriate reasonable notice. So what constitutes “reasonable” notice?
How is “Reasonable” Determined?
Determining what is reasonable, if not provided for under contract, will depend on many variables. The courts will consider the employee’s age, the nature of the employment, the length of employment, and the industry availability for that person to be similarly employed, given their qualifications, experience, and education or training. Consequently, each wrongful dismissal case will be different and unique to the individual and employer.
To be successful in a wrongful dismissal case, the former employee must be able to prove that they should have received more notice than was offered, considering all of the unique variables. In a successful suit, they may be awarded any money the employer should have provided them in lieu of reasonable notice, plus costs.
Getting Legal Assistance
If you have been dismissed from your job and are not sure if that dismissal was wrongful in nature, we can help. Contact the wrongful dismissal attorneys at Hilborn and Konduros for a no-cost consultation to discuss a potential claim.
