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Big Brother Is Watching BIG BROTHER IS minimum requirements to be paid to an proved that he was making substantial efforts at WATCHING employee upon dismissal, generally at least one finding a job. This is known as the duty to week per year of service up to 8 weeks. mitigate damages. As well, many people do not realize that In conclusion, the above is a very basic there are also provisions for severance pay discussion of a vey intricate area of law. Each which is separate and apart from payment in case will depend on its facts. There are lieu of notice. If the employee was employed numerous considerations that go into with the employer for at least 5 years and the determining whether or not you were employee is one of 50 or more employees who wrongfully dismissed. Before doing or signing had their employment severed within a 6 month any settlement proposed by your ex-employer, period as a result of a discontinuance of you should immediately contact a legal operation of the employer’s business or the professional to discuss your rights and options. employer’s payroll was $2.5 million or higher, Jordan Farkas is an expert small claims court then the employee is eligible for severance pay. lawyer and founder of Mr. Small Claims Court. Despite the legislation, the courts have Need legal advice or have a question you wish repeatedly found the employer to be liable to the to have answered? Visit employee for an increased notice period, www.MrSmallClaimsCourt.ca for full contact generally starting at a month per year of service. information. The notice period can be adjusted upwards or downwards based on a number of factors such ©Jordan Farkas 2010 all rights reserved. as the employee’s position, age at dismissal and prospects of finding suitable replacement by employment. Jordan Farkas Though one can go to the Ontario Labour Relations Board for his statutory Small Talk™ is a syndicated column payments, generally it is advisable to go to court representing questions submitted to Jordan because the recovery can be much higher and Farkas at www.MrSmallClaimsCourt.ca. Small going to the board precludes one from suing in Talk™ pertains to the Ontario small claims court. court only. The answers are for general Note, an important aspect to consider is guidance and are not to be construed as legal the manner of dismissal. Courts have advice. We recommend contacting a legal repeatedly slapped damages against an professional for specific legal advice. employer where an employer acted harshly or callously at the time of dismissal such as by Q. I was dismissed from my employment. Is sending a nasty email, screaming at the that a wrongful dismissal? What can I do employee, making unfounded accusations or about it? dismissing he employee in front of co-workers. The term “wrongful dismissal” can be As well, in instances where an employer misleading. Dismissed employees often believe claims just cause for dismissal but cannot that when their employment is terminated, they substantiate it, then the court may award the It is so terrifying to hear about missing have an automatic right to sue. However, the employee with a higher notice period, children. The emotional stress must be truth is that an employer is entitled to dismiss an particularly if the employee’s life was made unbearable for the children, parents employee when the employee’s services are no miserable such as by unfair records of and families. With a little bit of help longer needed. Therefore, the fact that an employment, humiliating allegations, etc. maybe one more child can be found. employee was dismissed, does not necessarily Finally, regardless of the circumstances, constitute, in and of itself, a “wrongful an employee is expected to lessen his damages dismissal”. by immediately seeking to find suitable www.childfind.ca Of course, there are circumstances replacement employment. By failing to do so, where an employer does not have a right to the courts can decide to award an employee less 1-800-387-7962 dismiss an employee. For instance, say an damages than what he could have received if he employee has just informed the employer that she is pregnant. An employer cannot then dismiss the employee on the basis of pregnancy, Mr. Small Claims Court as that can be deemed to be a breach of the Human Rights Code. In such case, then you have a wrongful dismissal. Helping you succeed in the Ontario Small Claims Court Assuming a routine situation where the employer simply no longer requires the services Free Initial Consultation; of the employee and the employer does not Learn the keys to success from this expert; allege just cause for dismissal, the employer is Get an in-depth review of your case and obligated to provide the terminated employee documents; with notice of termination or payment in lieu of Learn how to properly prepare the court notice (as well as any outstanding payments such as vacation pay). forms; Determining the length of the notice Know how to present your case before the period or the amount of payment in lieu of judge; notice can be tricky. The first thing one should Be prepared for your entire case from start to determine is whether or not there was an finish; employment contract. If so, then that will Affordable flat fees in stages. usually govern, though if found to be unreasonable by a court, then terms of the contract may not apply. www.MrSmallClaimsCourt.ca W ith or without a contract, Ontario’s Employment Standards Act sets out the