Employers have the right to terminate the employment of their employees for any reason and at any time provided that the employer does not act in an unlawful way in its dismissal of the employee. The most common form of wrongful dismissal occurs when an employer does not provide an employee with reasonable notice of the termination of their employment.
If an employee has been wrongfully dismissed, they may file a lawsuit against their employer, try to negotiate a settlement with their employer and/or engage in mediation.
Wrongful Dismissal Litigation
Employees who have been wrongfully dismissed may file a lawsuit against their former employer. In Ontario, if an employee is suing an employer for damages worth $25,000.00 or less, the claim will proceed to the Small Claims Court (note that this limit will increase to $35,000.00 effective January 1, 2020). If the amount being claimed is higher than $25,000.00 (or $35,000.00 effective January 1, 2020), the lawsuit must be filed with a higher court.
While filing a lawsuit is an option for employees, it can often take a long time for an employee’s matter to be heard by the courts and the process can be expensive; therefore, it is often worth considering alternatives to litigation including mediation and negotiation, as outlined below.
At Sultan Lawyers we recognize that employees wish to have their legal matters resolved as quickly and efficiently as possible and as such we routinely engage in alternatives to the litigation process.
Mediation
Mediation is a process where two parties explain their conflict to a neutral third party who acts as a mediator to help the parties reach a settlement.
Many parties negotiate during the course of litigation. Over 90 percent of all lawsuits in Canada settle before getting to the trial stage. Under the Ontario Mandatory Mediation Program, cases are referred to a mediation session early in the litigation process to give parties an opportunity to discuss the issues in dispute. With the assistance of a trained mediator, the parties explore settlement options and may be able to avoid the pretrial and trial process.
At Sultan Lawyers we are experienced in the mediation process and using it to settle matters efficiently and to achieve the best results for our clients.
Negotiation and Settlement
Negotiation is a process whereby two parties attempt to reach a settlement either between themselves or through their legal representatives. Sultan Lawyers regularly assists employees in reaching out to their former employers to negotiate a settlement post-termination.
For further information on wrongful dismissal, please read our previous blog post (Part 1 of this series) here. Links to all previous entries in this series are below.
Takeaways for Employees
All employees have the right to receive proper notice of termination from their employer if they have been terminated without cause. If an employee has been wrongfully dismissed, they can exercise their rights and use the options available to them in order to reach a settlement or favourable decision. It is important to seek legal advice and to become familiar with the options available to you before taking action in response to wrongful dismissal.
Contact Sultan Lawyers for Employment Advice
If you believe that you may have been wrongfully dismissed and you would like to consult with an employment lawyer to better understand your rights and obligations, please contact Sultan Lawyers by telephone at 416-214-5111 or here.
This post is part six of a six-part series. Please see the previous posts below:
- Part 1: What Defines Wrongful Dismissal?
- Part 2: My Employer is Reducing my Pay. Am I Entitled to Damages for Constructive Dismissal?
- Part 3: The Difference Between Wrongful and Constructive Dismissal
- Part 4: The Difference Between Wrongful and Unjust Dismissal
- Part 5: When Can I Claim Constructive Dismissal as a Result of Workplace Harassment?
