wrongful dismissal cases in Toronto
In non-unionized work environments in Canada, employers are allowed to terminate employees for a variety of business reasons such as company restructuring or cost cutting measures. However, they are required to provide the employee with advance notice of termination and severance pay. Failure to do so could be considered wrongful dismissal. The Toronto employment lawyers at Samfiru Tumarkin LLP have helped tens of thousands of employees secure fair severance packages after being fired from their jobs. They understand how employment contracts impact wrongful dismissal cases, and the enforceability of certain clauses.
The most important aspect of an employment contract is a provision that deals with the employer’s right to terminate an employee’s employment for cause or without cause. In the case of wrongful dismissal, the former employee has the right to full compensation in the event of termination without cause or for cause that does not match the standard set out in the Employment Standards Act, 2000. The courts have ruled that this stipulation is enforceable.
However, many employers attempt to minimize their financial obligations by including a termination clause that restricts severance pay in the case of wrongful dismissal. This can be done by limiting the amount to minimum amounts guaranteed by provincial legislation. A wrongful dismissal lawyer in Toronto can help review an employee’s employment contract to see if the termination clause has been properly drafted and whether it would be found unenforceable in court.
How do employment contracts affect wrongful dismissal cases in Toronto?
In addition to the termination clause, other aspects of an employment contract may be deemed unenforceable by a court in a wrongful dismissal case. The court could decide that there was no “fresh consideration” offered to the employee when they signed the contract or that the contract was signed under duress or undue influence, which would make it unenforceable. The Supreme Court of Canada has made it clear that employers cannot be allowed to escape their statutory obligations when they fire an employee.
A wrongful dismissal case is complex and requires an experienced lawyer to protect your rights. At Bune Law, we have the experience, dedication and reputation to assist employees in wrongful dismissal toronto. We are familiar with the tactics used by employers to avoid or minimize their severance pay obligations and will be able to see through them in court.
An experienced wrongful dismissal lawyer at Bune Law is well-versed in the laws surrounding termination and severance packages in Ontario and can quickly identify any issues that might arise in your case. Contact us today to schedule a consultation with our Toronto wrongful dismissal lawyers. We are committed to helping our clients get the justice they deserve. We are available to meet in person or via telephone or video conference. You can also submit a confidential online form. We look forward to hearing from you!
