How to Handle a Wrongful Discharge in Canada
Wrongful Discharge in Canada
What is wrongful dismissal in Canada? As an employee you may have been or are presently going through an unfair dismissal situation. A dismissal is a decision by a supervisor, manager, or an employer to terminate your employment without just cause. If you have been or are going through such an experience, it is best to consult with a professional labour law attorney who can answer all of your questions.
In Canada, the federal and provincial laws govern wrongful dismissal more than in the US. The main difference is that in Canada, an employee must be able to show that the employer acted unreasonably and was unjustly dismissed. These laws generally require that the employee have been working for the same employer for a minimum of two years and that they have worked in a position of employment for which they are recognized. Although an employee cannot win the case if they can show their supervisor discriminated against them based on something unrelated to their job, this is not always the case. The courts do take into consideration things like length of contract, and the company’s policy with regard to discrimination.
In addition to these two main considerations, there are other important considerations when trying to win this type of case. It is important to show that the employer has behaved in a manner that is unfair or is likely to continue to do so. It is also important to show that the employer has failed to show just cause or to establish that there was a likelihood of a reasonable person concluding that the conduct complained about was unlawful.
How to Handle a Wrongful Discharge in Canada
There are some differences in the laws govern British Columbia and Ontario. The first thing to note is that the Employment Standards Act and the Employment Law Act of Ontario must be considered when deciding if an employee has been unfairly dismissed. Both of these bodies have been created in response to the concern that some employers (especially small ones) take far too much time and energy in addressing complaints of harassment and other problems without properly taking steps to ensure that the problems do not continue. The courts have been particularly critical of this approach where, for example, a minor harassment incident became a big issue and resulted in a lengthy court battle.
There are different types of cases that come under the Employment Rights Act of Canada. Most of them deal with employer liability for various forms of harassment, including sexual harassment. Other similar statutes also exist in both provinces. These include the Part I, II and III of the Act which covers discrimination and other types of charges of disability, origin, status or age. There is also Employment Practices Regulations that set down the rules and regulations related to various aspects of employment. These may be regulated by the Province of Ontario and the Province of British Columbia or they may be governed by the UK Employment Rights Commission.
As well as liability, the employer may also be held responsible for the costs of any litigation. The employer must be able to demonstrate that the claim is likely to succeed. This will often be done through a submission to the court as to how much of an award the injured party would reasonably be entitled to. However, even where an award is large, the employer still has to prove that he/she was not at fault. If it is found that there were misrepresentations or other faults, the employer may still be subject to a wrongful dismissal claim.