Ontario lawyer, Maureen Currie, has been practicing law for 20 years and has assisted in negotiating employment contracts and resolving many cases of employee dismissal. She has extensive experience in Canadian employment law, including claims for:
- wrongful dismissal
- unfair dismissal
- constructive dismissal (unfair demotion or change in working conditions, including pay reductions)
- harassment
- bad faith discharge
and has been instrumental in negotiating reasonable and favourable severance packages.
Our firm has represented clients whose wrongful dismissal has been by way of:
- termination of employment with compensation being only that set out in the Employment Standards Act. We have found that employees are often entitled to many times more than the amounts set out in the Ontario Employment Standards Act
- termination for cause where actions did not warrant ending the employment relationship
- changing the working conditions or job description such that it amounts to constructive dismissal
- termination where the employer has not followed proper procedures in ending an employee’s employment
If you’ve been fired or laid off, or are about to be, we can help determine if you are entitled to compensation for wrongful dismissal and the proper legal steps to recover it. We can also review your severance package to determine if it is fair and reasonable. If you have been fired or dismissed from your job, you may have several important questions, such as:
- can your employer fire you?
- were you entitled to prior notice that you were going to be dismissed?
- can you get severance pay?
- can you sue for wrongful dismissal?
We can help answer those questions.
You should know that the Employment Standards Act protects employees who lose their job. You should remember that you may have two separate entitlements; first, your rights under the Ontario Employment Standards Act; and second, your rights under the contract of employment. Your contract rights may be greater than your rights under the Employment Standards Act – even if you don’t have a written contract. But regardless, your contract rights cannot provide a lesser benefit than the Employment Standards Act.
SEVERANCE AND OTHER PAY
Dismissals that require notice and severance pay
In wrongful dismissal cases, the employee is often entitled to severance pay greater than that set out in the Employment Standards Act. In this situation, the employee should consult with a lawyer experienced in employment law matters.
Unless it is specifically agreed that an employee will only be employed for a set term, the employer must give proper notice in order to lay off or end the employment relationship. The Courts try to take into account the financial blow the employee suffers by the loss of employment.
Notice or severance pay is not necessary if the employee’s misconduct or incompetence gives the employer “cause” to invoke summary dismissal. In that case, the employee’s employment can be brought to an immediate end.
Length of notice required
The length of notice required varies with each situation. Things that are considered in determining the appropriate length of notice are the following:
- the character of the employment
- the length of service
- the age of the employee
- the availability of comparable employment, having regard to the experience, training and qualifications of the employee
- the economic environment
- the manner in which the employee has been terminated
The reasoning behind these factors is to cushion the worker against the blow of unemployment, to recognize the worker’s seniority, to protect the employee who has been induced to leave a secure job to work for the employer, to discourage employers from handling terminations in an unprofessional manner, to reward the employee for good prior service and to penalize him or her for poor service and to reward employees in high status occupations.
We can assist you in determining what the appropriate severance package is in your circumstances.
