If your workplace was provincially regulated, then you may pursue your common law right to reasonable notice by way of civil court remedies

For federally regulated workplaces, if you have been dismissed after 12 months or more of continuous employment and you question whether it was a just dismissal, you may either bring a written complaint called an “unjust dismissal complaint” to an inspector under the Canada Labour Code within 90 days of the termination or pursue remedies in a civil action as like provincially regulated employees.

For advice on the strength of your claim and the process to proceed, contact our team of lawyers. We can help in settlement negotiations, initiating the legal claim, and advocating for you throughout the process. It is important to reach out as soon as possible as to not miss out due to the limitation period and timelines.

One form of wrongful dismissal is termination without cause. This means that an employer has terminated an employee without apparent reason, such as a restructuration of the business or organization. Termination without cause often leaves the former employee feeling both shocked and cheated. Although provincially regulated employers may terminate an employee without cause, sometimes if an employer does not provide clear cause for termination, the termination may be linked to discrimination in some circumstances. If you feel you have been wrongfully terminated due to gender, age, race, pregnancy, disability or any other reason, Suzanne Desrosiers Professional Corporation can help you take legal action.

Termination with cause is when an employee is dismissed and provided adequate reason by their employer. However, termination with cause is often reserved for severe misconduct, which in some circumstances may include things like insubordination, assault, or theft. To determine if something has reached the threshold of just cause, a court will need to make a determination on a case-by-case basis. Contrary to what some employers believe, there is no approved list of types of misconduct that automatically result in just cause. Each situation needs to be assessed based on the circumstances, but if an employer does feel the misconduct reaches just cause, they may terminate an employee for just cause. It is then in the employee’s hands to determine if they would like to pursue an alternative position that the threshold for just cause has not been met and that they have been wrongfully dismissed.

To learn more about what qualifies as a wrongful dismissal, check out our blog “Wrongful” or “Unjust” Dismissal.