What is wrongful dismissal in Ottawa, Ontario?

In Ontario, employers are generally allowed to terminate an employee without cause at any point in the employment relationship. A wrongful dismissal occurs when an employee is terminated without cause and the employer fails to give reasonable notice or pay in lieu of reasonable notice.

What is considered to be reasonable notice upon termination is going to depend on several things, most importantly if there is an employment agreement that contains a valid and enforceable termination clause. If there is a valid and enforceable termination clause in an employment agreement, what is reasonable will be governed by that agreement. However, if there is no employment agreement with a termination clause or if there is a clause but it is unenforceable, then reasonable notice upon termination will be governed by the common law.

Under the common law, the amount of notice an employee is entitled to is determined by several factors recognized by the Canadian courts. (In Ontario, these are known as Bardal factors). The factors regularly assessed by the courts to determine reasonable notice include but aren’t limited to:

Age of the employee;

Length of service of the employee;

The type of employment and/or position (seniority, management, etc)

The availability of similar employment in the job market.

Regardless of whether there is a valid termination clause or not, the vast majority of employees who have worked for more than three months are entitled to minimum amounts of notice prescribed by the Ontario Employment Standards Act. Employers are required to pay this to entitled employees without requiring them to ask for it or to sign anything in exchange.

Why do you need to call an employment lawyer?

An employment lawyer will work as an advocate for you and will fight to ensure that you receive the entirety of the compensation you are entitled to. Often, employers will offer significantly less in terms of compensation in the hopes that you accept it without question. An employment lawyer will ensure that you know what compensation you should be receiving and take the necessary steps to try and secure that compensation.

Before you sign any offer given to you by your employer, you should consult with a Ottawa employment lawyer. Randy Ai Law Office provides free consultations for people who have been terminated and have questions about their entitlements or an offer from their employer.

It is important to remember that the limitation period for claiming wrongful dismissal is two years from the time of termination. It is advisable to engage with an employment lawyer significantly in advance of that two-year limitation period.

How long does a wrongful dismissal case usually take?

The length of a wrongful dismissal case can vary substantially. The timeframe can depend on the gap between what is being initially offered by the employer and what the terminated employee is entitled to under common law. It also depends on the willingness of the employer to engage in negotiations. Often, it is in the best interest of all parties to reach an agreement expeditiously to avoid having to proceed to more time-consuming and costly litigation. Given this, most wrongful dismissal cases can be resolved within a couple of months, if the facts are simple and straightforward. However, wrongful dismissal cases could go on significantly longer if the matter proceeds to litigation, or there are more complex factors involved (for example, human rights violations, harassment, bad faith, whistleblowing, reprisal etc).

What are the steps to take if you want to file a claim against your employer for wrongful dismissal?

The first step one should take if they want to file a claim against their employer is to contact an employment lawyer. An employment lawyer will be able to advise you of the issues in your specific case and what options are available. Oftentimes, the first step after consulting an employment lawyer is for your lawyer to send a legal letter and/or demand letter to your employer. This letter will usually include specific demands, and a confidential offer to settle.

After the initial letter is sent there are often negotiations between the two parties looking to resolve the matter before litigation. A significant number of wrongful dismissal cases reach an acceptable settlement before litigation. Settling before litigation is preferred by most parties as it saves a significant amount of time and money.

If the negotiations are unsuccessful, litigation will be commenced by filing a Statement of Claim which sets out the specific remedies the employee is seeking. This will formally begin the litigation process in the court system. In other words, by taking this step, you have started a wrongful dismissal lawsuit, and you have sued your employer.

Free Consultation with Ottawa Employment Lawyers

If you think you have been wrongfully dismissed and want to explore your options going forward, reach out to our team of experienced Ottawa employment lawyers for a free consultation. Randy Ai Law Office can be reached at (343) 321-0800 or fill out the contact form.