According to Canadian labour law, an unfair dismissal refers to situations where the employer (a) has not fired an employee but has failed to follow a contractual term in a significant way (b) has unilaterally changed a major term of service in an employee’s contract or (c) has expressed the intention to do either one of these.
Apart from these scenarios, the law also brings under its purview federally regulated employees who have completed 12 continuous months of service for the same employer (excluding managers), but are not covered by an agreement on unfair dismissal.
According to a report by Statistics Hermie has helped countless clients with their severance packages, adding more than $80,000 to the final settlement in certain cases.
Depending on your contract and other particulars of your service, you need to ensure that you’re well-protected in the event of job dismissal. That’s why severance package settlements and the support of wrongful termination lawyers are important.
The Canada Labour Code sets out protections for employees who may find themselves at the end of an unfair job dismissal.
If you have been unfairly dismissed, you can file a complaint alleging unfair job dismissal to the Canada Industrial Relations Board within 90 days of the dismissal. This may then go into adjudication depending on the strength of your application.
Alternatively, you may be covered by a severance package – a type of financial compensation you receive when you have been dismissed from your job through no fault of your own – if this is included in your contract.
It’s important to note, however, that the mere inclusion of a severance clause in your contract does not mean you will receive a fair settlement. That’s where the support of wrongful dismissal lawyers can be useful.
Employment law affords extensive coverage for employees caught in the crosshairs of unfair job dismissals. Unfortunately, many do not realise that these protections are available to them.
By working with Advocation, ensure that your termination is not illegal or unjust and that your severance packages reflect the service you’ve provided to your company.
Job loss is not uncommon. If or when you find yourself on the receiving end of a termination notice, however, it’s not easy to know what to do. This guide provides answers to five of your questions on job loss and severance packages.
Wrongful dismissal in Ontario refers to the scenario where an employee is permanently dismissed, laid-off or fired from their employment, without receiving appropriate notice of termination (and hence a severance package).
Learn more about what you can do in such a situation.
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