In wrongful dismissal cases, the employee is often entitled to severance pay greater than that set out in the Employment Standards Act. In this situation the employee should consult with a lawyer experienced in employment law matters.
Unless it is specifically agreed to that the employee will only be employed for a set term, the employer must give proper notice in order lay off or end the employment relationship. The Courts try to take into account the financial blow the employee suffers by the loss of the employment.
Notice or severance pay is not necessary if the employee’s misconduct or incompetence gives the employer "cause" to invoke summary dismissal. In that case, the employee’s employment can be brought to an immediate end.
The length of notice required varies with each situation. Things that are considered in determining the appropriate length of notice are the following:
The reasoning behind these factors is to cushion the worker against the blow of unemployment, to recognize the worker’s seniority, to protect the employee who has been induced to leave a secure job to work for the employer, to discourage employers from handling terminations in an unprofessional manner, to reward the employee for good prior service and penalize him or her for poor service, and to reward employees in high-status occupations.
We can assist you in determining what the appropriate severance package is in your circumstances.
If you have been fired or laid off, or are about to be, we can help determine if you are entitled to compensation for wrongful dismissal, and the proper legal steps to take to recover it. We can also review your severance package to determine if it is fair and reasonable. Please call us at 250-352-3321 or toll free at 1-800-579-5338 to speak to Terry Napora. We look forward to helping you.
