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Employment Dispute

In Ontario, the employers cannot fire their employees without just cause unless they gave reasonable termination notice or pay in lieu of notice. In the employment relationship employers often dismiss employees, with ot without a valid reason, and employees often resign for different reasons as well. The court will look very carefully at the circumstances surrounding the dismissal or resignation and depending upon the facts may come to a variety of conclusions and remedies. 

If the court found that the employee did nothing wrong and was not given adequate termination notice, the termination would be a wrongful dismissal. The empoyee can claim remedies such as termination notice and damages. 

If the court found that the employee did something wrong, but it was not so bad as to be a just cause and allow summary dismissal. The court may rule that the employer should have de-hired the worker using progressive discipline rather than go straight to termination. 

If the court found that the employee quit because the employer made a fundamental change in duties, substantial cut in pay oe benefits, or there was an intolerable "poisoned" work environment. The court may find that this was a contructive dismissal, a type of wrongful dismissal. 

If you are fired unfairly, do not hesitate to look for legal advice whether you are entitled to reasonable notice. Please contact us for free 30 mintutes' consultation, and we can make sure that your right was protected. 

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