A sudden and unexpected loss of employment can be an emotional event for anyone. If you feel like
you’ve been the victim of a wrongful dismissal, we understand how stressful the situation can be. If you’re unaware of the labour law criteria, you may not have even realized you’ve been wrongfully dismissed. Make sure you are aware of your rights as an employee.
What is Wrongful Dismissal?
If you’re an employee who has been dismissed by their employer without notice, then this is considered
wrongful dismissal. Employers must provide the employee with reasonable notice or pay in lieu
(termination pay.) It is important to know – in most situations – pay in lieu must be provided to the
employee within a specific timeframe (i.e. a lump sum after seven (7) days of termination or by the
next payday.
Types of Wrongful Dismissal
A few situations can constitute a wrongful dismissal. These are usually split up into three categories.
Employee Termination Without Cause
If you’ve been dismissed from your job, but not for workplace misconduct, this would be terminated
without cause. Companies may have numerous reasons for doing this including restructuring. However,
if they did not give you reasonable notice, this could be considered a wrongful dismissal. Employers are
required to give you a working notice which includes the amount of time you have left to work and a set
date for your termination or pay in lieu.
Employee Termination With Cause
Your employer has determined that they have cause to let you go. Employee termination with cause is
usually reserved for significant workplace misconduct, not poor performance. A lot of things need to
happen before it can be considered with cause, such as performance plans, additional training, or
warning letters.
Constructive Dismissal
Constructive dismissal can happen when you feel forced to resign without an official termination letter.
These wrongful dismissals can occur due to changes in the conditions of your employment, a toxic work
environment, an increase in workload, and more.
Many factors constitute a wrongful dismissal. If you believe you have been wrongfully dismissed or are
considering quitting, consult a lawyer first. If you are in the Kingston area, contact Zuber Brioux today.
We’ll make sure you are well-versed on your rights as an employee.