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 is 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.
Whitten & Lublin Employment & Labour Lawyers have proficiency in unjust dismissal matters
Whitten & Lublin Employment & Labour Lawyers is one of the Greater Toronto Area’s #1 most recommended employment law firms 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 to. Our lawyers exclusively practice employment law and have experience in Unjust Dismissal cases.
Consult with a nationally-recognized lawyer with an exceptional experience at Whitten & Lublin Employment & Labour Lawyers. To book a consultation please contact us onlineor by phone at (416) 640-2667 today!
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