If you have been fired by your employer in Ontario, whether it was for cause or not, you may be entitled to wrongful dismissal Toronto compensation. The laws surrounding this issue are complex, and there are several different types of damages available to you. It is important to speak with an experienced wrongful dismissal lawyer Toronto as soon as possible to ensure you are not leaving any money on the table.
Unless your employer has an Employment Standards Act permit or other exception, it is against the law for non-unionized employees in Ontario to fire you without reason. Your employer is required to provide you with advance notice or severance pay in lieu of notice before firing you. Many employers fail to comply with this, assuming that only the minimum amounts under the Employment Standards Act are sufficient. This is a wrongful termination, and it could result in your being awarded punitive and/or moral damages known as Honda damages.
You are also likely to be awarded lost income damages if you have been dismissed for reasons that were unfair or unreasonable. These can include severance payments which were significantly below market value, failure to pay statutory vacation and sick leave, and refusal to reinstate you after your layoff. You are also entitled to exemplary damages in some circumstances, such as when the manner of dismissal was vile or the conduct was especially bad.
The Canadian courts were split on whether to deduct CERB benefits from wrongful dismissal toronto awards until recently. However, the recent decision of Justice Dineen in Tan v. Stostac Inc., 2023 ONSC 2121 (issued April 4, 2023) followed the appellate decisions from Alberta and British Columbia and decided that CERB payments should not be deducted.
This is the first Ontario case that we are aware of to rule this way, and it appears as though other Ontario Judges will follow suit. However, it is important to remember that different Courts make decisions based on the unique legal issues they are faced with, and decisions made in other provinces are not binding on Ontario Judges.
In most cases, it is in the best interests of both parties to resolve a wrongful dismissal case through mediation or arbitration instead of having your matter go all the way to Trial. In fact, most studies tend to agree that over 90 percent of wrongful dismissal matters never go to Trial. However, there are times when your wrongful dismissal toronto lawyers will be the only people who can ensure you get the compensation that you deserve. We understand that losing your job can be a terrifying experience, and we work hard to guide you through the process and make sure that you are fairly compensated for your loss of income and other losses. Contact us today to schedule a free consultation with one of our expert employment lawyers.