What is an unjust dismissal in Ontario?
Ontario employees in federally regulated industries such as broadcasting, banking, aviation, inter-provincial trucking, telecommunications, and postal service, have more job security than provincially regulated employees.
Federal workers have additional protections under the Canada Labour Code which do not apply to employees under the Employment Standards Act (ESA). If you are a federally regulated employee in Ontario, your employer can only fire you if your employer can show just cause for dismissal. Unless you’re in a managerial position or your job has been essentially discontinued, your employer cannot terminate you. If not, the law classifies it as unjust dismissal, granting you specific legal rights, such as reinstatement or additional severance pay.
Who can make an unjust dismissal complaint in Ontario?
As a federally regulated employee (union or non-union) protected by the Canada Labour Code, you can make an unjust dismissal complaint if you have worked for at least 12 consecutive months in a non-managerial position.
Consulting an Ontario unjust dismissal lawyer can help you navigate this process and protect your legal rights.
anchor
anchor
What is the difference between unjust dismissal and wrongful dismissal?
The key difference lies in the scope and protections. Unjust dismissal applies to eligible federally regulated employees and occurs when they are terminated without just cause, offering potential remedies including compensation for lost wages and reinstatement under the Canada Labour Code.
In contrast, wrongful dismissal applies to all non-unionized employees and focuses on whether adequate notice or severance was provided, with financial compensation as the primary remedy. While unjust dismissal emphasizes the legality of the termination, wrongful dismissal involves terminations, with or without cause, where sufficient notice or severance package wasn’t provided.
For those who believe they’ve been wrongfully dismissed, working with experienced wrongful dismissal lawyers can be helpful in filing a successful wrongful dismissal claim. Claims for wrongful dismissals focus on whether you received sufficient notice or severance pay. A wrongful dismissal lawyer can help you seek adequate compensation and protect your rights throughout the process.
Why make an unjust dismissal complaint?
You may choose to make an unjust dismissal complaint because they are potentially faster and less expensive than proceeding through court. An experienced employment lawyer can help seek reinstatement, a remedy that is unavailable in wrongful dismissal claims. While the Canada Labour Code outlines a minimum payment that must be paid if you are dismissed, you could be entitled to more severance pay based on a wide range of factors that can influence your amount of severance. These factors include:
- salary
- age
- tenure
- entitlement to all non discretionary payment that you earned while employed
Why choose an Ontario unjust dismissal lawyer from Whitten & Lublin?
Our employment lawyers practice employment law exclusively in Ontario. We can determine if an unjust dismissal case is right for you. In the right circumstances, Ontario unjust dismissal claims can be the right approach to get you the best result. Once we have heard and understand your individual circumstances, an unjust dismissal lawyer can explain your rights, develop a strategy, and execute the agreed to game plan to support your case.
Our team will carefully review the facts of your case, whether it’s related to unjust dismissal, constructive dismissal, or an unjust firing following workplace investigations. Once we understand your circumstances, your unjust dismissal lawyer will explain your rights, create a detailed strategy, and implement an action plan designed to achieve the best outcome for you.
When it comes to defending your rights, you don’t have to do it alone. You have the power to obtain better. Negotiate with the help of Whitten & Lublin.
Unjust dismissal is more than just a sudden or unfair firing, it’s a specific legal issue under the Canada Labour Code, and it only applies if you’re federally regulated. That includes industries like banking, aviation, and telecommunications. If your employer let you go without just cause (and without proper severance or process), your dismissal might not just feel unjust, it might be unjust. Employees in non managerial positions, who have worked for at least 12 consecutive months in a federally regulated industry can make an unjust dismissal complaint. The key is understanding how federal rules differ from provincial standards. That’s where we come in.
Bring anything that helps tell the full story of your employment and how it ended. Your contract. Your termination letter. If performance is a concern or if cause has been alleged, emails, performance reviews, internal complaints, anything in writing. These aren’t just documents, they’re puzzle pieces. When we look at them together, we can assess whether your employer crossed a legal line or simply made a difficult business decision.
Unjust dismissal cases are quite nuanced, so you will have to consult with an employment lawyer from our team to get a better understanding of the strength of your case. That assessment will depend on a number of factors, including whether just cause was alleged, how the dismissal was carried out, and whether the employer complied with the procedural requirements under federal law. Once we’ve reviewed the facts, we can provide clear guidance on your legal position and next steps.
The length of an unjust dismissal case in Ontario depends on the complexity and whether it settles early or goes to adjudication. Some cases resolve in a matter of weeks, while others may take much longer. Timing often hinges on how willing each party is to negotiate in good faith and whether the legal issues are straightforward or contested. We work to resolve matters as efficiently as possible, without compromising your outcome.
Your employment
is our specialty
In need of legal advice? We are committed to treating your case with the care, dedication, and compassion that you deserve. Contact our employment and labour lawyers today to learn how we can help you understand and resolve your workplace legal matter.
All required fields are marked with an asterisk (*)
"*" indicates required fields
Get empowered with every newsletter.
"*" indicates required fields
