TORONTO WRONGFUL DISMISSAL LAWYER
We assist businesses and business people with a range of workplace investigations, executive compensation and employment disputes. Our objective is to deliver creative, practical legal solutions for employees and businesses.
If you are a business and have terminated an employee or an employee who has been terminated, there are important legal steps which should be taken. We handle employment disputes for wrongful and constructive dismissals, sexual harassment, discrimination, severance packages and employment contracts.
Generally an employer is required to provide adequate notice of termination or full compensation to an employee being terminated unless the employee is terminated for cause. Employees can only be terminated for cause if the conduct is serious in nature. We advise businesses on precautionary steps to avoid potential legal conflicts arising from dismissal.
Employees may claim wrongful dismissal if the employer unjustly terminates the employee without providing adequate notice or compensation. Employees need not always be directly terminated to claim damages against an employer, however, in certain cases where the employer fundamentally changes an employee’s conditions of employment, a claim for constructive dismissal may be an option.
What is wrongful dismissal?
Wrongful dismissal is based on an implied obligation in an employment contract that reasonable notice must be given to an employee upon termination of the relationship in the absence of just cause. Generally, where an employer fails to provide reasonable notice in the absence of just cause, the employee can bring an action for wrongful dismissal.
What is termination for cause?
The law has upheld the right of an employer to dismiss an employee summarily where the employer has established just cause for terminating the relationship. The courts have continued to classify grounds for just cause for particular fact scenarios.
Generally, where an employer terminates an employee for cause, it must be determined whether the employee has engaged in misconduct that is incompatible with the fundamental terms of the employment relationship or conduct which falls to the root of the contract.
What type of compensation?
Beyond the salary and wages of the employee which may be used to calculate damage awards, a court may also consider commissions, bonuses, lost benefits, stock-options and punitive damages.
How much compensation?
At common law, employees who have been terminated without cause are entitled to compensation for the income he or she would have earned during the reasonable notice period, including other contractual benefits earned pursuant to profit-sharing arrangement and performance bonuses.
What about compensation for other types of non-monetary losses?
In certain circumstances, the courts have allowed a measure of compensation for intangible losses such as psychological harm arising from the manner of dismissal
What is termination for frustration?
An employment contract is frustrated where the law recognizes that without default of either party, a contractual obligation has become incapable of being performed because performance of the contact become a thing substantially different from that which was undertaken by the contract.
We advise businesses and employees with a range of workplace investigations and employment disputes. Our objective is to deliver creative, cost-efficient legal solutions.