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Wrongful termination, also known as unlawful dismissal, entails an employer terminating an employee's contract in a manner that violates the terms of the contract or breaches statutory law. In Ottawa, as in the rest of Canada, wrongful termination can take many forms, including discrimination, retaliation, refusal to employ or re-employ, and termination without reasonable notice or compensation.
Navigating the complexities of wrongful termination law can be challenging without expert advice. You might require a lawyer if you believe you have been fired unfairly, if you have been a victim of discrimination or harassment leading to your dismissal, if you haven't been given proper notice or pay following termination, or if your employer has failed to fulfil contractual obligations.
The Employment Standards Act and the Human Rights Code are two pieces of legislation governing wrongful termination in Ottawa. The Employment Standards Act stipulates that employers must give notice or pay in lieu of notice when terminating employees, based on their length of service. The Human Rights Code protects employees from dismissal based on factors such as race, gender, sexual orientation, age, disability, and religion.
Wrongful termination occurs when an employer dismisses an employee in violation of the employment contract or the statutory law. This may incorporate instances of discrimination, unfair treatment, or termination without proper notice or compensations.
Substantiating wrongful termination can require various types of evidence. Documentation of instances of discrimination or harassment, conversations about your termination, copies of your employment contract, and records of your work can be potent proofs.
For wrongful termination, you can typically claim damages for lost wages, unpaid vacation pay, and mental distress. In some cases, you may also seek punitive damages.
In Canada, the Employment Standards Branch is an excellent place to start with a complaint. Alternatively, you may want to take your case to the Labour Relations Board or the Federal Human Rights Tribunal.
Yes, you are free to sue your employer for wrongful termination. However, it is advisable to seek legal advice to understand your likelihood of success and potential damages you may be entitled to.
Resources such as the Ottawa Legal Information Centre, the Ontario Human Rights Commission, and the Employment Law Information Centre can be invaluable for understanding your rights and the process involved in challenging a wrongful termination.
If you have been wrongfully terminated and are in need of legal assistance, the first step should be to consult with a legal professional experienced in labor law. Prepare all necessary documentation and record your experiences accurately and in detail. It's essential to act promptly to ensure you meet any deadlines for filing grievances or legal claims.
