Employment can be an essential part of one’s life, and it provides a sense of financial stability and security. However, not all employment relationships end on good terms, and some result in the termination of an employee’s position. However, when this termination is not in adherence with the law or is done unjustly without cause, it is called wrongful dismissal. If you have been a victim of unjust termination, you may have grounds for a wrongful dismissal claim.
Wrongful dismissal occurs when an employee is terminated from their job without a fair reason or insufficient notice. In essence, it means that an employer breached the contract and legal obligations that are implied towards their employees. In most cases, an employee’s contract outlines specific requirements that employers must follow before they terminate an employee, such as proper notice and valid grounds for dismissal.
An employee can suffer damage to his or her career, reputation, and financial wellbeing if they are discharged without just cause. Hence, if you believe that your employer has been unfair to you, it is essential to understand the legality of wrongful dismissal claims.
Reasons for Wrongful dismissal
Several factors can lead to wrongful dismissal. One of the most common reasons is when an employer terminates an employee due to discrimination on the grounds of protected characteristics such as age, gender, race, religion, or sexual orientation. It is also wrongful dismissal if termination happens due to retaliation for whistleblowing or reporting against employer misconduct.
Moreover, employers cannot dismiss employees without cause if their employment remains within a specified timeframe. The notice period is based on how long the employee has worked for the company and their role in the organization. Firing an employee without notice or without giving them sufficient notice to find a new job can be wrongful dismissal.
Categories of Terminations
There are different types of termination that can be classified into four categories: for cause, without cause, constructive dismissal, and wrongful dismissal.
Termination For Cause: It happens when an employer has substantial reasoning to believe that an employee has committed a serious breach of contract or has refused to perform essential job responsibilities that can lead to termination.
Termination Without Cause: It’s a situation where an employee is laid off, downsized, or dismissed without any reasonable justification.
Constructive Dismissal: If an employer changes or breaches the fundamental terms or condition of an employee’s contract – like a significant reduction in salary, building relocation, demotion, or working conditions – which fundamentally alters the employment agreement, it creates a scenario where the employee feels like he or she does not have any other choice but to resign.
Wrongful dismissal: It is the term used when an employer initiates the termination of an employee without the necessary legal justifications or without following process and protocol.
Legal Right of an Employee
Wrongful dismissal is illegal in most jurisdictions and every employee has legal rights to workplace protection. In Canada, the Employment Standards Act is the legislation that governs the majority of employee/employer relationships. The Act outlines that an employer must provide the minimum amount of notice, severance pay, or both in the event of a dismissal to an entitled employee.
If an employee is dismissed under unjust circumstances, one may pursue the employer in court and claim lost salary or wages, benefits, bonuses, and damages for wrongful dismissal. An employee has the right to make a claim of wrongful dismissal within two years of being terminated.
Despite legal remedies, employees are urged first to try and settle the matter with their employer before taking formal legal action. Employers may be willing to negotiate compensation or apply for alternative dispute resolution methods such as mediation and arbitration.
Conclusion
Wrongful dismissal is a severe breach of trust between employers and employees. Employers have a duty to act with honesty, integrity and follow provincial and national employment legislation, including the Employment Standards Act.
If you believe that you have been wrongfully dismissed, you should seek representation from a qualified lawyer who specializes in employment law. They will review the unique details of your case and advise you on the possible legal options and remedies available to you.
Remember, you have a right to be compensated for any damages you may suffer as a result of being wrongfully dismissed. Although the process may be complex and difficult, it is essential to enforce your legal rights to ensure that employers do not trample upon them.