Wrongful Dismissal Litigation and Damages - Breach of the Employment Contract

• Author: Paul Wearing
• Profession: BA (Hons), MPA, LLB. Barrister & Solicitor
• Pages: 131-139

• 131

CHAPTER SEVENTEEN

Wrongful Dismissal Litigation and Damages —

Breach of the Employment Contract

What You Should Know

In a nonunionized workplace, an employee has the right to enforce rights

to reasonable notice of dismissal or pay in lieu of notice either by f‌iling

a complaint with the Ontario Ministry of Labour alleging vio lation of the

minimum standards for termination compensation under the Employ-

ment Standards Act, 20001 or by launching a claim in the civil courts

(Ontario Small Claims Court or Superior Court of Justice) for damages at

common law.

"The principles of law pertaining to wrongful dis missal generally

incline in favour of the employee. The generally greater sophistication

and resources of the employer and the relative vulnerability of the

employee justify this result.”2

All proceedings for resolving legal disputes, including employment law

disputes in Ontario, are geared toward settlement or “cutting a deal,”

without testing the correctness or legitimacy of the dispute before a

judge. The rules of procedure for each particular forum, be it court or

administrative tribunal, impose mediation, conciliation, or a settlement

conference of some kind on the litigants. Having your day in court is

rapidly becoming a thing of the past regardless of the correctness or

morality of the cause.

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