Get My Job Back After Termination
If you have been wrongful terminated as a result of reprisal against by employer for trying to enforce your employment law entitlements (If your boss fired you for rejecting his sexual advances, or if you are trying to stop your manager from harassing you at work and you got terminated, etc...), reinstatement is likely.
How to Get My Job Back After Reprisal?
For instance, the Human Rights Tribunal of Ontario (HRTO) decision in Fair v. Hamilton-Wentworth District School Board, 2013 HRTO 440, HRTO awarded reinstatement to the employee who had been discriminated against. The employee in that case was terminated on or about July 8, 2004, and the reinstatement was order by the HRTO on or about March 14, 2013! This decision demonstrated HRTO’s willingness to award reinstatement and back pay to employees, regardless of the amount of time elapsed since the employee’s termination. The decision of the HRTO has been affirmed by the Court of Appeal, in 2016 ONCA 421, so that's going to be one of the key jurisprudence in this area for time to come.
Ministry of Labour – Health and Safety also have similar power under their sleeves. The Ontario Labour Relations Board (OLRB) is an independent tribunal that can review a worker’s reprisal complaint or a referral from the Ministry of Labour, Training and Skills Development to try to mediate a settlement. If a settlement cannot be reached, the OLRB may hold a consultation or hearing, and may make orders to:
remove or change any penalty the employer may have carried out
reinstate/rehire the worker
compensate the worker for related losses
Get My Job Back After Termination – To be or Not To Be, that’s the Question
However, in many cases, by the time the employee is suing the employer for wrongful dismissal, the working relationship has been damaged beyond repair. Because Courts are reluctant to order people to work together, Reinstatement usually happens only if both parties agree, otherwise Courts are reluctant to force people to work together, if monetary compensation itself is sufficient. This may include lost wages, benefits, out-of-pocket disbursements and expenses, and damages for “pain and suffering”—the physical and mental distress that the employee suffered as a result of being wrongfully terminated. In rare cases, you may also be able to get punitive damages—which are intended to punish your employer and deter similar behavior in the future—as well as legal cost.
Wrongful Dismissal FAQs:
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