Wrongful Dismissal Litigation and Damages - Breach of the Employment Contract

AuthorPaul Wearing
Wrongful Dismissal Litigation and Damages —
Breach of the Employment Contract
What You Should Know
In a non-unionized 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 allegin g violation
of the minimum standards for termination compensation under the Em-
ployment 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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