Wrongful Dismissal Mississauga Legal Guidance
If your job has recently been made redundant and you think you need knowledgeable legal advice, wrongful dismissal Mississauga legal advice is on hand. This might be the time to know the rights an employee has in such a situation. Legal guidance may be sought at any time, prior to or following redundancy.
The law has long recognized the importance of protecting employees from arbitrary and unfair action by employers. It has sought to balance the difference in power between the two by ensuring basic rights are observed and appropriate remedies and compensation are available for wrongfully dismissed employees. While this may be the case, in a nonunionized workplace, Ontario employers generally have the right to hire and fire their employees at will. This discretion is subject only to abiding with the Ontario Human Rights Code and certain other statutory restrictions.
The Human Rights Code and the Employment Standards Act are the basic governing statutes in this situation. In the case of a federally regulated employer, further protections under federal laws are available to their hires. Commonly, anyone working for a period of three months, the employer is required to provide notice in writing, an amount paid upon termination or both.
An employee may choose instead to sue an employer in a court of law for wrongful dismissal. Termination claims are pursued through negotiation and if that fails through the Ontario court system. However, even if legal proceedings are commenced, many cases can be resolved at an early stage, before the matter goes to trial.
They may want to keep in mind that legal action could bring greater compensation than the benefits payable under the Act. Available remedies are generally damages for dismissal or pay in lieu of reasonable notice, if the position is terminated without just cause. An employee cannot seek a legal action, while filing a claim with the ministry for severance of the same employment. This may be a good time to obtain legal advice concerning the relevant merits of the alternative choices available.
The employer must pay at least what is required to meet the terms of ESA. A Record of Employment must also be provided within the week of termination. If the employee is entitled to more, an additional package could be proposed. Reasonable notice and the pay in lieu of notice amount can vary according to individual circumstances that legal counsel can assist in clarifying.
Attorneys can also assist in negotiating the terms of the notice or the compensation amount. In addition to evaluating the proper notice, the legal advisor can make sure all the benefits due are received. In the absence of a reasonable notice or compensation, legal action is the relevant option to be undertaken. The wrongful dismissal Mississauga legal guidance can be useful in different ways during this vulnerable time.
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