wrongful dismissal affect corporate governance practices
Wrongful Dismissal is an employment law term used to describe the firing of an employee without good cause. When an employer dismisses a worker without a valid reason or fails to provide the correct amount of notice, they may be found guilty of wrongful termination and ordered to pay damages to their former employee. This can include compensation for lost wages, severance payments, the value of benefits like pension and health coverage, and other costs related to the termination.
The terms “wrongful dismissal” and “wrongful termination” are often confused by the general public, as they both refer to the removal of an employee from their position. However, there are some key differences between the two. While wrongful dismissal is an umbrella term that covers the various types of wrongful termination, it is important to understand that wrongful termination only applies when an employee’s dismissal violates their contract or applicable laws.
For example, if an employee is fired because of a breach of their employment contract or statutory law (such as the Canada Labour Code), this would not be wrongful termination. If, on the other hand, a company fires someone because they are pregnant or recently gave birth, this would be considered a violation of their right to privacy and fair treatment under the law.
How does wrongful dismissal affect corporate governance practices?
Discrimination is another common factor in wrongful termination cases. It is illegal for companies to terminate employees for reasons that discriminate against protected classes, including race, gender, age, religious beliefs, and sexual orientation. For this reason, many people who believe they were terminated for a discriminatory reason file a wrongful dismissal lawsuit to seek justice.
A wrongful termination lawsuit is an extensive legal process, so it is important to hire an experienced Toronto wrongful dismissal lawyer as soon as possible after your wrongful dismissal. Your employment lawyer will help you determine if you have a case and advise you on the optimal course of action.
It is also crucial to consult with your employment lawyer as soon as you suspect you have been wrongfully dismissed. If you wait too long, you may be deemed statutory barred from taking action against your employer, or your claim may not have sufficient merit to succeed.
Depending on the circumstances of your situation, you may be eligible for summary judgment, a legal procedure that allows lawyers to fast-track the resolution of employment disputes and particularly, wrongful dismissal claims. With this procedure, you and your employer submit sworn statements of fact to the court which then examines the evidence and thumbs it up against the law to reach a verdict. It is a quick and efficient way to settle a dispute and can level the playing field for you against your employer who might have deep pockets. To find out if you qualify for a summary judgment, contact the experienced Toronto wrongful termination lawyers at Minken Employment Lawyers. Our firm serves clients across the Greater Toronto Area (Markham, Aurora, Richmond Hill, Vaughan, Woodbridge, Mississauga and more), Ontario and Canada.
