apply in wrongful dismissal cases
The sudden loss of a job is a traumatic experience for many people, and it can be even more devastating when that firing occurs without the employer having any legal justification to do so. In some cases, it may be possible to prove that an employer has committed wrongful termination. For example, if an employee has complained to HR or their supervisor about sexual harassment, workplace discrimination, shareholder fraud, or wage theft and the employer then fires them in retaliation for those concerns, it could be considered a wrongful firing. However, in most cases, it will be very difficult to prove wrongful dismissal in Ontario unless the reason for firing is illegal – like retaliation or violation of human rights laws.
Despite the fact that most of us work at-will, which means we can be terminated for any or no reason at any time, it’s still a fundamental principle that employers must treat employees fairly and with respect. One of the ways that this is reflected is in the obligation to act in good faith in all dealings with an employee, including when terminating them.
When employers breach this duty, it can lead to a wrongful dismissal claim and compensation for damages. The Supreme Court of Canada recently addressed this issue in the decision Matthews v Ocean Nutrition Canada Ltd. The Court ruled that there is an implied obligation of good faith and fair dealing in every employment contract and that the parties cannot lie to or mislead one another about matters directly linked to the performance of that contract.
How does the duty of good faith apply in wrongful dismissal cases?
Employers must be candid, reasonable and forthright with their employees, particularly when they’re terminating them. This overarching legal principle protects employees from the powerful imbalance of power in the workplace and ensures that they are treated fairly. It’s crucial that any employer who has a contractual relationship with an employee review their employment agreement to see what provisions, if any, speak to this duty of good faith.
What constitutes good faith behaviour in a wrongful dismissal case? Generally speaking, an employer must not mislead or withhold information when they’re terminating their employee. This includes withholding evidence and lying about the reason for the termination. The court also looks at other factors that are relevant to the case, such as whether the termination was in a pattern of unfair dealings and how serious the misconduct was.
If you believe that your former employer has violated their duty to act in good faith and you’re entitled to severance pay, it’s important to consult with an experienced wrongful dismissal toronto as soon as possible. Your lawyer will work with you to determine the amount of money you’re owed and fight to get it for you. Severance pay in Canada ranges from a few weeks to as much as 24 months’ worth of wages, depending on various factors. Our leading wrongful dismissal lawyers will work to ensure you’re getting the full amount of your entitlements.
