Toronto Wrongful Dismissal Lawyers Advising Employers and Employees
The term “wrongful dismissal” is a commonly used label for legal rights that arise following a termination of employment without cause. Navigating a termination can be challenging for both parties involved, and it is often terminations that result in legal disputes between employers and employees.
At Grosman Gale Fletcher Hopkins LLP we have helped workplace parties navigate the termination process for more than 30 years. We are one of the most recommended labour and employment law firms in Canada, and are the lawyers that other lawyers refer their clients to when they need advice in this specialized area.
Termination Without Cause
By far, the most common type of termination is the termination without cause. This means the employer does not assert that it has a legal justification for terminating the individual’s employment without notice or compensation in lieu of that notice.
However, where there are no allegations of just cause for termination or there is no violation of human rights, the law generally permits employers to exercise their judgment and terminate the employment of any employee.
Courts are not inclined to second-guess the merits of such decisions. Rather, they confine their involvement to ensuring that employees who are terminated without cause receive either reasonable notice of termination or reasonable compensation in lieu thereof (the more common “severance package”).
An enforceable employment contract may set out terms that the workplace parties have agreed, in advance, would constitute reasonable notice in the event of a termination without cause. If there is no such agreement, the courts are left to determine what constitutes a reasonable period of notice, or a fair amount of time to search for and locate comparable, alternative employment. Courts will typically consider:
- the age of the employee;
- the length of the employee’s service;
- the level of the position occupied by the employee pre-termination;
- the availability of similar employment.
There is no set, prescribed formula for determining a fair notice period, although employers often have their own internal policies which outline how severance will be calculated. Such policies may or may not be enforceable. We will assess your particular set of circumstances to determine whether you have been treated fairly or reasonably.
Grosman Gale Fletcher Hopkins LLP: Toronto Wrongful Dismissal Lawyers
If you are an employer or an employee going through the termination process, contact Grosman Gale Fletcher Hopkins LLP. We have helped workplace parties with their most challenging employment related matter for more than three decades. Contact us online or at 416.364.9599.