Payout For Wrongful Dismissal in Toronto
Wrongful dismissal involves a former employee claiming that they were unfairly dismissed by an employer in breach of their employment contract. If the claim is successful, the employee may be entitled to damages for loss of income and benefits (including a portion of their legal fees) as well as aggravated and punitive damages.
The average payout for wrongful dismissal in toronto depends on the nature of the case and the amount of compensation required to cover the loss of income, benefits, and career progression opportunities that an individual would have enjoyed had they not been dismissed. Often this can include any bonuses that they were expecting, as well as a severance package which can be substantial depending on the length of service and size of the company.
An employer can fire an employee for almost any reason they choose, but if that termination is found to be wrongful and in breach of the employment contract then the employee can file a wrongful dismissal toronto complaint with the Canada Labour Program. The Labour Program will first attempt to resolve the complaint through mediation. If that does not succeed, the complaint will be sent to the Board to hear and make a decision.
Whether or not the complaint is successful will depend on the evidence presented. However, most wrongful dismissal cases settle before they reach trial. This is mostly due to the fact that the laws surrounding this issue are very clear and it does not require a great deal of expert testimony to show that the termination was wrongful.
Average Payout For Wrongful Dismissal in Toronto
The main reason that a person can file a claim for wrongful dismissal is if their employer fails to provide them with adequate severance pay in accordance with the law. Generally speaking, employers must offer at least the minimum amounts in the Employment Standards Act (or common law) when terminating without cause.
A severance package will usually include compensation to cover the period of time that it will take an employee to find a new job (assuming they do not have a non-compete clause in their contract). Courts are expected to award reasonable severance packages based on a number of factors including:
For example, an individual’s age will factor into how long it will likely take them to find a new job and can therefore impact their compensation entitlement. In addition, if the employer behaved in bad faith during or immediately after their termination, then the court can award aggravated and/or punitive damages. If you believe that you have been wrongfully terminated, then you should consult a reputable lawyer as soon as possible in order to maximize your chance of success.
The wrongful dismissal lawyers at Monkhouse Law have the experience and expertise to help you navigate the legal system, increase your chances of success, and ensure that you are compensated for your losses. Call us today to book a free consultation with one of our employment lawyers. You only have two years to bring a claim forward and delay can lead to lost documents and information that could be useful to your case.
