Principle Legal Services Inc.

Wrongful dismissal may occur when an employer terminates the employment relationship or contract of employment between itself and an employee without providing reasonable notice of the termination.  No reason is required when dismissal occurs without cause, however an employer must provide advanced notice of the termination, or payment in lieu of notice.  Notice is not limited to the minimum standards as set out in the Employment Standards Act, however most employers usually offer slightly more than the required minimums in exchange for an executed release, a document confirming acceptance of the offer, waiving any further rights that you may have to your full legal entitlements. A dismissal may also be wrongful if an employer brings allegations of cause for termination but does not have a legal basis to do so.  There is a strict onus on the employer to prove its allegations and making an error regarding employment duties is not sufficient cause to terminate employment, however, committing repeated errors after an employer has brought the errors to the attention of the employee in an attempt to rectify the errors may allow for the employer to terminate employment with cause.  In this case, it is important to speak to a specialist before accepting the employer’s position regarding cause for termination, as an employee is entitled to notice of termination if an employer terminates employment without a legal basis for cause and being terminated with cause may affect your right to Employment Insurance.