employee be wrongfully dismissed
When employees whistleblower, they report to a higher authority something that is wrong or illegal. This is why it is important that employees are able to trust their employers and be able to raise concerns without fear of retaliation or reprisal. Thankfully, unlike the United States, Canadian employment laws provide for more progressive and fair minded regime for employees both during their employment and at the time of termination.
This means that employees can bring wrongful dismissal claims if they have been terminated for reasons other than one of the fair reasons for firing outlined in Section 98 of the Employment Rights Act or without following a proper procedure. While it may not always be possible to win a wrongful dismissal claim, this does not mean that an employee cannot pursue significant financial compensation from their employer for the injustice.
For non-unionized employees, the only protection that they have against being unfairly dismissed is in wrongful dismissal cases where their employer did not fulfill its legal obligation to give them advance notice of termination or severance pay. This is where an employment lawyer in Toronto can help.
Can an employee be wrongfully dismissed for whistleblowing in Toronto?
Whistleblower protections in Canada are more common for government employees than private sector workers. For instance, the Public Servants Disclosure Protection Act shields federal and provincial government employees against retaliation for exposing their employer’s violations of statutory or regulatory laws. Similarly, occupational health and safety legislation across the country provides whistleblower protection for employees who disclose a dangerous workplace environment. And the Criminal Code of Canada makes it a criminal offence for an employer to retaliate against an employee who informs law enforcement about their company’s illegal activities.
Employees can also be protected by internal policies that encourage reporting any issues to management or to the appropriate regulatory body. These policies are designed to ensure that all concerns will be investigated and dealt with properly. Alternatively, employees can report their issues to external authorities such as the police or the securities commission.
A recent case highlighted that even if an employee’s allegations are ultimately found to be false, that one incident of blowing the whistle can be sufficient grounds to fire them. This is especially true if the alleged misconduct could have potentially harmed clients or damaged the reputation of the organization.
The case also highlights that it is important for employees who think they have been wrongfully dismissed to seek out professional advice from a wrongful dismissal toronto as soon as possible. This can make sure that any retaliation they have suffered from their employer is documented in detail and that the correct compensation is received.
At Minken Employment Lawyers, we are committed to helping our clients navigate through the difficult transition from employee to plaintiff and ensuring that they receive the resolution and compensation they deserve. Contact us today to discuss your situation with an expert employment lawyer in Toronto. We serve the greater Toronto area (Markham, Newmarket, Aurora, Vaughan, Woodbridge, Mississauga and more), Ontario and national clients.
