An Unjust Dismissal occurs when a federally regulated employee, such as those employed in broadcasting, banking, aviation, inter-provincial trucking, telecommunications and postal service, is terminated for improper reasons.
Furthermore, at federally regulated employers, there is no right to dismiss an employee without cause, unless his or her job is essentially discontinued.
The Canada Labour Code allows employees (union or non-union) who have worked for at least 12 consecutive months in non-managerial positions to make an Unjust Dismissal complaint, which is usually faster and less expensive than proceeding through the court process. While the Canadian Labour Code sets out the minimum payments that must be made to dismiss a federally regulated employee there are a wide range of factors that need to be considered to determine an appropriate severance. Factors include an employee’s salary, age, tenure as well as entitlement to all non-discretionary payments that he/she earned while employed.
We can help you
Whitten & Lublin Employment & Labour Lawyers is one of the Greater Toronto Area’s #1 most recommended employment law firm, and named as one of “Canada’s Top Employment Law firms” by Canadian Lawyer Magazine.
If you believe you have been unjustly dismissed, Whitten & Lublin Employment & Labour Lawyers can help you get the severance that you are entitled. Our lawyers exclusively practice employment law and have experience in Unjust Dismissal cases.