The information below is not intended for union employees.
The termination of an employer-employee relationship is governed by the Employment Standards Act of Ontario, Canada Labour Code, and common law principles. It may also be governed by an agreement which was signed by the parties at the time the employment relationship was formed or after the employment commenced.
When an employee is dismissed without cause, he or she is entitled to notice. The minimum notice requirement is stipulated in the above named statutes. The minimum requirement cannot be reduced by way of an employment contract.
If an employee did not enter into an employment contract at the time of after he or she commenced his or her employment, usually, the parties of the employer-employee relationship rely on common law principles with respect to the duration of notice period, or payment in lieu of notice.
In some cases, employee’s duties or terms of employment are so significantly changed by the employer, that it amounts to constructive dismissal. If this happens, an experienced lawyer will guide you as to your options with respect to your continued employment or termination.
There are multiple factors the Court will look at when awarding payment in lieu of notice period. Majority of unjust dismissal cases do not go to trial – they settle, often even before the action is brought to Court.
Some employees may have human rights complaints against their employers. There are different venues for pursuing your claims and defending your rights in the employment law context. Speak to your lawyer before choosing your option in protecting your employment rights.