Are there time limits for filing a wrongful dismissal claim in Toronto?
filing a wrongful dismissal claim
The loss of employment is one of the most stressful experiences a person can face. It’s understandable why many employees fail to take the time and effort to evaluate the circumstances surrounding their dismissal and consider whether they may have been wrongfully fired. Wrongful termination is a breach of an employee’s legal rights and can have serious financial repercussions for the individual.
The Employment Standards Act (ESA) sets out the minimum employment rights for non-unionized workers in Ontario. It establishes a standard notice period that employers must give an employee before firing them and provides compensation in the event of wrongful termination. In addition, common law rules may offer additional compensation to an affected worker.
While wrongful dismissal is generally prohibited, it does not mean that an employer cannot legally end an employment relationship for certain business reasons such as restructuring or cost cutting measures. In these situations, the company must provide adequate notice of the termination and pay the employee in lieu of notice. The employee is entitled to file an unjust dismissal complaint with the Board if they believe that their employer did not meet their legal obligations when terminating them.
Are there time limits for filing a wrongful dismissal claim in Toronto?
Most civil claims are subject to statutes of limitation, a set time frame within which a claim must be initiated. These statutes are designed to protect the interests of parties, counsel and the courts by ensuring that claims are brought timely. If a claim is not brought within the applicable limitation period, it will be statutory barred.
In the case of a wrongful dismissal, the statute of limitations is two years from the date of your termination. However, this is a complex area of law with some exceptions depending on the circumstances of your case.
Severance pay is a significant component of any wrongful dismissal toronto. Typically, severance pay is based on the duration of your employment and your proximity to retirement age. Severance pay is meant to offset some of the financial impacts of a wrongful dismissal and ensure that you have enough income to live on in the future.
Depending on the circumstances of your termination, you might be entitled to a claim for human rights violations alongside your wrongful dismissal claim. The Ontario Human Rights Code prohibits employers from terminating their employees in violation of workplace values such as equality and dignity.
If you were a victim of a human rights violation, alongside your wrongful dismissal claim you can also file a complaint with the Canadian Human Rights Commission. A referral from the HRC can help the Board deal with any human rights issues in your unjust dismissal case.
Most wrongful termination matters are settled outside of court. Even if your case does go to trial, it is rare that you will actually need to appear in person. This is because most cases are resolved through mediation – which is usually held in-person or over the telephone. It is also unlikely that your former employer will discover the existence of a wrongful dismissal lawsuit against them because most proceedings are public record and can be searched online.