Wrongful Dismissal has been found in cases where an employee was retaliated against by Employer for 1) Filing A Sexual Harassment, Discrimination or Office Harassment Claim; 2) Breaking up in An Affair, Filing for a Separation or Divorce in a family law related dispute; 3) Filing An Occupational Health And Safety Claim.
Wrongful Termination In Retaliation of a Sexual Harassment, Discrimination and/or an Office Harassment Claim
In some companies, sexual harassment is so rampant and prevalent in the company culture that it leads to a toxic work environment. Harassment & Discrimination should never be tolerated. If you believe that you were fired as retaliation for complaining about it, you may be able to file an unlawful termination lawsuit seeking compensation not just for monetary damages, but also for the emotional pain and suffering such experiences have caused you. Do note that time after time after time, the Court requires medical evidence proving actual damage be provided by the employee to substantiate a claim of emotional pain and suffering.
Wrongful Termination In Case of a Breakup in an Affair, Separation or Divorce in a Family Law Dispute
Yes I get it, you are the owner of a company and it’s heartbreaking for a loving relationship to end whether it’s a Breakup in an Affair, Separation or a Divorce. It’s understandable that you don’t want to have to deal with your ex- on a daily basis. But you need to terminate your ex- with dignity, in a humane way, and have him or her properly compensated for the termination. In these type of cases, the employee mysteriously got a terrible appraisal or job performance report very soon after the breakup, separation or divorce. In other cases, the employee got micro-managed and was picked on for small errors and mistakes and got terminated soon after.
It comes to no surprise that a wrongful dismissal claim is filed soon after the termination, and quite rightly so, seeking compensation.
In Ontario, the employment laws requires the employer to maintain a healthy and safe working environment that is free from discrimination and harassment. In another word, not only do you, as an employer, has to maintain a workplace free from dangerous physical injury hazards, but you also have to maintain a workplace that is friendly, welcoming and hassle free.
If you reported to your employer that you were being harassed at work and your employer did not make sure an investigation appropriate in the circumstances was conducted; or that your employer does not have a workplace harassment policy or program; or that your employer did not provide training on the workplace harassment policy and program, you have a right and an obligation to report such problems to the Ministry of Labour – Health and Safety. If you, as an employee, was retaliated against by the employer, you have every right to claim wrongful dismissal and seek compensation.
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