"Wrongful dismissal" is a legal term dealing with situations where an employee is fired without proper reasons and without proper notice. The employment relationship is a contract. Your employer has a right to end your employment at any time, as long as they give you fair notice or equivalent compensation in lieu of notice. However, if there has been misconduct by the employee or other reasons such as poor performance (known in law as “just cause”) they may not owe you anything at all if they fire you.

   "Wrongful dismissal” cases usually involve situations where the employer gives little or no notice of the termination (and minimal termination pay), or alleges conduct by the employee that a court would not see as “just cause” to fire someone. You can sue your employer in court for the amount of notice pay you should have received given your position, seniority, length of service etc.

   If your employer offers you the minimum amounts required by the Ontario Employment Standards Act, these are the minimum amounts, and courts generally award higher notice amounts. If your employer breaches the Employment Standards Act and you ask the Ministry of Labour to pursue your rights, you may be prohibited from pursuing court action. See a lawyer if you want to be clear about your potential rights.

   If you are a member of a union, you cannot sue your employer in court. You must challenge any dismissal through the grievance and arbitration procedures found in your collective agreement. You should contact your union about your rights.

   Even if you have been disabled from work for a period of time, you may have certain rights to notice pay, depending on the nature of the disability, the length of time you have been away, and whether an employer could reasonably accommodate your injuries. Contact us today for a free consultation.