WRONGFUL DISMISSAL & EMPLOYMENT LAW
AGGRESSIVE AND COMPETENT LEGAL COUNSEL
Kubes Law Firm expertly handles cases in the area of Wrongful Dismissal
Law, including representing clients who have been Terminated or Fired
without Just Cause or proper Notice. The relationship between an
employer and employee is a type of contract. An employment contract
exists between an employee and the employer even if it has never been
reduced to writing. The dismissal of an employee may be a breach of a
condition of the employment contract. Employers must have a legitimate
reason to dismiss their employees for "just cause". If they do not, this
type of dismissal may be a "wrongful dismissal". Employers must comply
with Canadian and Ontario employment law requirements concerning how
they deal with their employees during and after dismissal. Terminated
employees may be able to sue their former employers, and be awarded
monies for the failure of the employer to provide reasonable notice and
not having just cause for the dismissal.
The Employment Standards Act sets out minimum notice requirements that
the employer must give an employee, however, a Court can decide that
much more notice was required in a particular case because the court is
not limited to the minimum notice periods in the Employment Standards
Act. The amount of notice a court will order depends on all of the
circumstances, not just the length of employment. The Kubes Law Firm
will aggressively pursue on your behalf, the maximum possible
compensation. Many employers offer dismissed employees payment in lieu
of notice “in accordance with the Employment Standards Act”. While your
employer’s initial offer of severance may technically comply with the
Employment Standards Act, your right to severance pay, or “pay in lieu
of notice”, under common law may be much higher. The most costly error
a fired employee can make, is signing a release without fully
understanding his or her legal rights. Kubes Law Firm will guide you
through this very complicated and sometimes emotionally draining
process, with dignity and skill.
Mr. George J. Kubes B.A., LL.B.
Mr. George J.
Kubes B.A., LL.B.
360 Bloor Street West, Suite 403
Toronto M5S 1X1
TYPES OF DISMISSALS
If an employer wants to terminate an employee, and no grounds exist for doing so, an employer is required to give reasonable notice of termination to an employee. Where reasonable notice is not given, an employer is required to provide reasonable compensation, including benefits, to the terminated employee in lieu of notice. Where an employer does not provide such compensation, or provides inadequate compensation, an employee's legal rights may be enforced by proceeding with a claim for compensation for Wrongful Dismissal.
Aside from a Wrongful Dismissal where a person has been fired, another type of Termination is known as Constructive Dismissal, which is a legal concept, occurring where an employee has not actually been dismissed but their employment has changed significantly, and the employer has changed the fundamental terms of employment without consent or agreement of the employee. The change may relate to, among other things, reduced compensation, the employee’s duties, or where the employer tries to force the employee to transfer to another city. Employees who are constructively dismissed do not need to accept the changes, and instead can quit and treat the fundamental changes as a termination. Abusive behaviour by an employer may also be deemed to be a constructive dismissal. Remedies for constructive dismissal are similar to those found in wrongful dismissal lawsuits, because such fundamental changes in the condition of the employment are treated as though the employee has been terminated.Employers are obligated by law to treat their employees fairly and to act in good faith. This obligation exists both during and after employment. Kubes Law Firm will pursue all available remedies on your behalf.
The length of notice that the employer must give the employee when dismissing him or her from employment depends on many factors. The notice period is important as it will determine the amount of "severance pay" owed to the employee. There are many factors that determine the length of the notice period. The courts consider, among other things, the position of the employee, the length of employment, the reason for the dismissal, the employee’s salary and whether the employer acted in good faith and fairly. Severance pay increases, depending on the amount of notice the employee should have been given. The amount of a severance package that an employer should pay to a terminated employee depends on a number of factors. Important factors include, length of service, the reason for dismissal, employee's age, the position the employee held within the company, the employee’s salary, whether the employee was recruited, and the general economy.
HUMAN RIGHTS IN ONTARIO
The Ontario Human Rights Laws prohibit discrimination on the basis of sex, gender, age, national origin, sexual orientation, and disability. Human rights cases relating to the workplace usually fall into two broad categories: sexual harassment and discrimination. These can lead to claims for wrongful dismissal, constructive dismissal, assault, and the tort of the intentional infliction of nervous shock or suffering. The assessment of whether or not the legal elements for a human rights, discrimination or sexual harassment case are present depends on the circumstances of each case.
Sexual harassment in the workplace can range from verbal comments to unreasonable solicitations and touching to forcible sex. Human rights legislation exists to prevent sexual harassment. There are also common law employment law remedies in Ontario to deal with sexual harassment. These remedies may range from torts such as assault, and the infliction of nervous shock and mental suffering, to actions for wrongful dismissal, constructive dismissal and breach of the implied obligation of good faith and fair dealing. Unwelcome sexual advances, requests for sexual favours and other verbal or physical conduct of a sexual nature, are inexcusable in the workplace, or anywhere.
NOTE: If you require legal representation for wrongful dismissal, contact Toronto Wrongful Dismissal Lawyer, George J. Kubes LL.B., immediately at
(416) 926-9298 for a no-obligation consultation.
The information on this website is
intended for general information purposes only and is not intended to
constitute legal advice, nor is it a substitute for legal advice and
should not be relied on as such. You are expressly advised and
cautioned to consult with a qualified lawyer for legal advice. While
George J. Kubes, LL.B. and Kubes Law Firm have made all reasonable
efforts to ensure that the information presented on this website is
correct, there is no warranty or guarantee as to its accuracy.
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