Wrongful Dismissal & Human Rights
M
ost Canadians will enter into an employer-employee relationship at some point in their lives. A person’s employment is an important part of their financial security and independence. Indeed, the Supreme Court of Canada has recognized that “A person’s employment is an essential component of his or her sense of identity, self-worth and emotional well-being”.
Employment is at its core a contractual relationship between employers seeking to hire talent and employees offering to sell their skills. As with any contract, parties to the agreement sometimes do not fulfill their obligations, leading to disputes.
In Ontario, every employee who works for an employer is protected by certain minimum work standards with respect to things such as work hours, breaks, sickness, maternity or parental leave and vacations. These standards are set out in legislation called the Employment Standards Act. Additionally, employees are protected against discrimination in employment or hiring practises under the Ontario Human Rights Code and worker health and safety is protected under the Occupational Health and Safety Act.
If you are an employee you may find yourself in a situation where your employer has terminated your relationship either ‘without cause’ or ‘with cause’. In either situation, it is important that you speak with Robert Mysicka before you sign any paperwork releasing your employer from legal claims.
Robert Mysicka has successfully prosecuted a variety of employment cases involving wrongful dismissals or job eliminations in both the individual employment and labour law context. By reviewing your situation, he can advise you on what you can expect to receive in terms of a separation package (sometimes called “severance” from your employer).
If your employment has been terminated, please contact Robert Mysicka for a no-obligation estimate of your entitlements. We also review situations involving workplace bullying, physical or sexual harassment, constructive dismissal, poisonous work environments and other cases where you may be entitled to compensation.
If you have lost your job, don’t sign anything! Speak with Robert Mysicka, to verify your entitlements in terms of:
- Notice pay for wrongful dismissal
- Severance pay
- Compensation for loss of fringe benefits
- Damages for workplace bullying / Harassment
- Human Rights Claims
- Duty of Fair Representation claims against a Union