wrongful dismissal happen due to breaches of employment contracts
Wrongful termination has many causes. It can occur due to breaches of employment contracts, violation of company policies, or even due to the employer’s own discrimination against employees who belong to a protected class. While it is natural for employers to want control over their staff, they are expected to adhere to the laws and basic human rights that protect employees from being unfairly terminated. Firing an employee who has a contract means going against agreed upon terms that have been put into place as part of the relationship, which is why this type of termination can be more difficult for employers to defend against in court.
When an employer is unable to cite legitimate grounds for termination, they must be able to show that their decision was made in good faith, which can only happen when they follow the proper termination procedure in their contract. This includes a specific notice period, the reason for the termination, and any compensation that may be owed to an employee. If an employee is terminated without following these procedures, they can file a complaint with the Canada Industrial Relations Board.
Most wrongful dismissal cases stem from allegations of discrimination against a certain group of people, such as race, gender, age, and national origin. To prove this, it is important to gather as much evidence as possible. This can include written proof such as emails or text messages, as well as testimonies from former coworkers who can vouch for an individual’s performance and integrity in the workplace. In these types of cases, timing also plays a key role. If an employee’s termination was made shortly after they filed a workers’ compensation claim, it could suggest retaliatory intent.
Can wrongful dismissal happen due to breaches of employment contracts?
An experienced wrongful dismissal lawyer is essential for any worker who feels they were unfairly fired from their job. An attorney can help their client file a complaint with the Canada Industrial Relations board and negotiate a settlement for damages in court, but they must do so quickly after being fired. In most cases, if a lawsuit is not filed within 90 days after the date of dismissal, it will be denied.
The most common outcome in wrongful dismissal lawyer cases is monetary compensation. The compensation can cover lost wages, benefits, and other financial damages suffered by the employee as a result of the termination.
In some cases, the court may order the employer to reinstate the wrongfully dismissed employee to their previous position. However, this is less common than monetary compensation, especially if the relationship between the employer and employee has soured irreparably.
The right wrongful dismissal toronto wrongful termination lawyer can provide the experience, dedication and reputation necessary to ensure the best possible outcome for their clients’ claims. Bune Law is an established firm that has a strong track record in assisting employees with wrongful termination claims and severance negotiations. To get started, contact us for a consultation.