When an employer terminates an employee and the employee alleges wrongful termination, Canada’s labour law protects his or her rights. Wrongful dismissal may be applied to an individual’s position or when a larger scale termination or layoff of employees occurs. Legal recourse against the employer under termination of employment laws in Canada. In these cases, it may be helpful to get help from an employment lawyer Toronto at www.stlawyers.ca.
Dismissal or Layoff Notice
Canadian employers must provide employees with at least four weeks’ notice before dismissing or laying off the employee from a job under the termination of employment laws. These laws protect employees with at least three months’ tenure. If an employee has worked for an employer for less than 90 days, consultation with an employment lawyer is recommended as exceptions may apply. Prince Edward Island employers are exempt from this requirement.
It is against the law for an employer to issue a notice of layoff or dismissal when the employee is on vacation.
Canadian law also states that employers must place all details relating to the worker’s position in an employment contract. The employment contract should provide information about the length of time the employer will provide prior to the issuance of a termination or layoff notice.
If this important detail is missing, the employee should request the employer to insert it. Consultation with employment lawyers before the employment contact is finalized is a recommended step. Both employer and employee sign the employment contract. Once the contract is signed, employers must follow provisions as outlined.
Notice and Pay in Lieu of Notice
Labour law states that employers must ensure that all payments due the severed employee are paid, whether he or she received a notice of termination or layoff. If the employee is served with notification, the termination of employment laws state that the severed employee is due any income earned during the period. The employee may request that employment lawyers bring a civil legal action against the former employer to recover withheld wages.
Workers with at least 12 months tenure may receive severance pay from the former employer. Check Canada’s Labour Code for complete eligibility requirements.
Violations of Human Rights
Some employers inappropriately dismiss employees. If a worker or group of workers are dismissed in contrary fashion to national human rights legislation, legal recourse is possible. An employer is not allowed to discriminate against any protected group, including: (1) women, (2) indigenous peoples, (3) disabled persons, and (4) minorities. Employer compliance is very important to the Canadian Human Rights Commission.
Additionally, employers should not discriminate against other conditions and situations, including pregnancy, employee garnishment/attachment of wages, trade union membership, industrial relations proceedings in which the employee participates, disagreements about employment standards and/or occupational health-safety legislation. Workers with concerns about human rights violations should contact employment lawyers now.