This primer will show you pro insights and tips that you might have missed otherwise.
If you want to learn more about wrongful dismissal but don't have a lot of time, this high-level summary is for you.
An article from our Canadian Contributor.
Employment relationships are a vital aspect of the Canadian economy, providing financial stability and contributing to overall economic growth. Unfortunately, these relationships don't always work out and employees may face wrongful dismissal. Wrongful termination can be a challenging experience, especially if the employee feels they were unfairly terminated. In Ontario, employees who have been wrongfully dismissed can take their case to court. This article explores seven simple tips that can help you win a wrongful dismissal trial in Ontario.
To increase your chances of winning a wrongful dismissal trial, it is crucial to understand the relevant Ontario employment law and how it applies to your case. This includes the legal entitlements of employees who have been wrongfully dismissed and the damages they can claim. In addition to understanding the law, you need to gather evidence, follow proper procedures, document all damages, hire an employment lawyer, be prepared for mediation, and stay focused throughout the process.
Let's explore these tips:
1. Educate Yourself on Employment Law Related to Wrongful Dismissal
One of the essential steps in winning a wrongful dismissal trial is to have a good understanding of the law. “For instance, the Employment Standards Act of Ontario provides employees with termination pay and severance pay (if applicable) if they are terminated without wilful misdoncut,” notes Kevin Parker, a legal writer at Capstone Project and ConfidentWriters. Employees in Ontario may also sue for wrongful dismissal under common law, where they are entitled to reasonable notice or pay in lieu of notice if they are terminated without just cause. The leading case on this topic is Bardal v. Globe & Mail Ltd., which establishes the principle that the notice period must be determined based on the employee's length of service, age, and position. Understanding the legal entitlements of wrongfully dismissed employees can help you build a strong case.
You may want to take a look at the following articles to learn more about the bardal factors:
2. Gather Evidence for your Wrongful Dismissal Case
Evidence is essential in any legal proceeding, and a wrongful dismissal trial is no exception. You need to gather all relevant documentation, such as employment contracts, emails, and performance reviews, and your job search record after the termiantion. This evidence can help support your case and prove that you have been unfairly terminated. The case law on wrongful dismissal, such as Wallace v. United Grain Growers Ltd., establishes that an employer's conduct during the dismissal process can affect the damages awarded to an employee.
On the other hand, an employee who fails to mitigate their damages by seeking alternative employment may have their damages reduced in some situations. This is why it's imperative that you keep a meticulous job search journal.
The most notable case in this area is Brake v. PJ-M2R Restaurant Inc., wherein the Court of Appeal of Ontario held that while there's a general duty to mitigate damage, where a wrongfully dismissed employee is effectively forced to accept a much inferior position because no comparable position is available, the amount she earns in that position is not mitigation of damages and need not be deducted from the amount the employer must pay.
You may want to take a look at the following article to learn more about duty to mitigate damages and Extraordinary / Aggravated / Moral Damage In Wrongful Dismissal Cases:
3. Follow Proper Procedures in a Wrongful Termination Case
To win a wrongful dismissal trial, it is crucial to follow the proper procedures, which is governed by the Ontario Rules of Civil Procedure. This includes submitting a written complaint to your employer, attending any required meetings, and keeping detailed notes of all communications. Failure to follow proper procedures could result in your case being dismissed.
The process could be highly technical and challenging, you may want to consult with an employment lawyer if you intend to sue for wrongful dismissal. HTW Law is experienced, and can help. Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.
4. Document All Damages Caused by the Unfair Termination
When you are wrongfully dismissed, you may be entitled to compensation for lost wages and other damages. “To win your case, it is vital to document all damages that you have suffered as a result of your termination. This may include lost wages, benefits, bonuses, and other perks,” says Dave Webster, a legal case summaries writer at MLA Format Writing and Paper-Research. The Supreme Court of Canada in Honda Canada Inc. v. Keays established that employees are entitled to compensation for bad faith conduct during the dismissal process.
5. Hire an Employment Lawyer to Fight For Your Unfair Termination
Hiring an employment lawyer is crucial if you want to win a wrongful dismissal trial. An experienced employment lawyer can help you fight back and take control of your life once again. A qualified employment lawyer can help you navigate the legal system, provide you with legal advice, and represent you in court. They can also help you negotiate a settlement with your employer outside of court.
If you've been terminated unfairly, it's essential that you reach out for help as soon as possible right away. You DON'T have to fight this alone. Don't wait!! Time is of the essence. A law firm like HTW Law can be of assistance. No-Win-No-Fee for wrongful dismissal cases. Click here to contact HTW Law if you have any inquiry regarding wrongful dismissal or you want to book an appointment for an no obligation wrongful dismissal lawyer consultation.
6. Be prepared for mediation If You have Been Fired Unfairly
In Ontario, employees who have been wrongfully dismissed are required to participate in the Ontario Mandatory Mediation Program if you are located in Toronto, Ottawa and Windsor before proceeding to a trial. Mediation is a process where a neutral third party helps you and your employer come to a settlement agreement. It is important to be prepared for mediation, as this can be a critical turning point in your case. Your lawyer can help you prepare for mediation and ensure that your rights are protected throughout the process.
If you cannot afford a lawyer, there are several resources available to help you prepare for mediation. The Ontario Ministry of Labour offers a free mediation service to help employees and employers resolve disputes. The service is confidential and voluntary, and the mediator is a neutral third party who does not take sides.
Having said that, the success rate and the settlement amount is often higher when an employment lawyer is involved, as the lawyer can demonstrate to your employer that he or she did something illegal. This can result in your employer offering a settlement, or offering you to have your job back. In fact, the back and forth negotiations necessary to get you what you deserve is usually tedious and tactical.
An employment law firm like HTW Law is experienced and can help. Click here to contact HTW Law for assistance and legal consultation.
7. Don't give up
Finally, it is important to remember that winning a wrongful dismissal trial can be a long and challenging process. It can take months or even years to resolve your case. During this time, it is important to stay focused, be patient, and don't give up. With the right legal representation and a strong case, you can win a wrongful dismissal trial.
In conclusion, winning a wrongful dismissal trial in Ontario requires a lot of work and preparation. You need to have a good understanding of the law, gather evidence, follow the proper procedures, document all damages, hire an employment lawyer, be prepared for mediation, and stay focused throughout the process. By following these simple tips, you can increase your chances of winning your case and getting the compensation that you deserve.
You know that you shouldn't have been fired from your job, but it can be overwhelming in fighting your employer alone. If you've been terminated unfairly, it's essential that you reach out for help as soon as possible right away.
Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.
Jeff Peters, a business strategist and writer at SwiftPapers and Institute of Entrepreneurship Development, devotes the majority of his free time to attending various tech and business conferences and providing consultation services to a variety of businesses. Additionally, he shares his insights by contributing articles to online magazines and blogs, such as Global Trade Magazine.