Need an employment lawyer? Learn more about unjust dismissal claims.

What are the different types of unjust dismissal?

If you’ve lost your job and think you’ve been treated unfairly, you may want to engage an employment lawyer and inquire about an unjust dismissal claim. An unjust dismissal claim is one where you challenge an employer’s decision to terminate your employment as being unlawful (either by violating terms of the original employment contract, or by a violation of legal code governing employment standards) and demand fair compensation. Although such claims are often settled out of court, litigation is sometimes required. In either case, a lawyer specializing in employment law can be invaluable in outlining your options and the best strategy for getting fair compensation.

*If you’re looking for a lawyer specializing in employment law, click here.

Wrongful dismissal claims can be broadly categorized into three types – unfair, wrongful and constructive.

Unfair Dismissal

An unfair dismissal is one where an employee is unjustly dismissed:

• without fair reason, and an employer refuses to pay fair compensation (fair reasons include prolonged absence, misconduct (such as theft), or unsatisfactory performance),
• without fair procedure (such as an unfair evaluation of an appropriate reason to dismiss), or
• for an unfair reason (such as unlawful discrimination based on, sex, gender, religion, ethnicity or sexuality to name a few. Click here to learn more about the Canadian Human Rights Act).

 

Wrongful Dismissal

Wrongful dismissals occur when an employee’s dismissal breaches the terms outlined in their employment contract, such as failing to provide the correct notice period prior to dismissal without compensation (the pay that would have been earned had the dismissal notice period been properly observed.

Constructive Dismissal

Constructive dismissals occur when an employee is forced to resign due to a gross breach of their employment contract by their employer (such as via bullying, failing to pay, creating an intolerable work environment (e.g. dangerous conditions), or unreasonably changing the original conditions of employment (e.g. unreasonable hours or location).

Learn more about unjust dismissal laws in Canada.

*For more information on employment law, see our article here.

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