Wrongful Dismissal

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Suraj singh
Member since: May 07

Posts: 3
Location: Toronto
Post ID: #PID

Posted on: 30-05-07 19:01:52

Hi guys
I have been wrongfuly dismissed from my job.
any one can guide me to deal with this situation. I was working for the last 11 months with my last employer.

ibcd2005
Member since: Nov 05

Posts: 31
Location:
Post ID: #PID

Posted on: 31-05-07 08:10:53

Suraj, it is hard to know what suggestions to give, as you have not provided any more information about the cause and circumstances of the dismissal.

Were you a full time, permamnent employee? Did you have a contract with terms and conditions of employment? Did this contract have a Dismissal clause?

There are lawyers who specialize in Employment Law. You might want to do a search for such a lawyer, explore their website, and maybe call up for a consultation.

jake3d
Member since: Sep 03

Posts: 2962
Location: Montreal
Post ID: #PID

Posted on: 31-05-07 08:34:51

maybe this'll help

http://www.labour.gov.on.ca/english/es/factsheets/fs_termination.html

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Aashu
Member since: Nov 04

Posts: 1353
Location: Vaughan
Post ID: #PID

Posted on: 31-05-07 12:11:00

As per my knowledge, no lawyer would be keen to take up your case because even if you win, lawyer wont make any $. You wont get your job back ...only $ and even if you got your job back...you wont want to go back....and lawyers get paid by % age of what you get back from employer .....and for 11 months of service, you cant expect much.......a weeks pay , may be...

and basically bottomline told to me by an employee in HRDC office was that an employer can fire you say if he does not like color of your eyes (meaning for any reason).....

So my advice.....stop thinking in this direction n start a new job search.....and you will need you past employer for reference.....(you can still use them as reference)

dp_jain
Member since: Jan 04

Posts: 418
Location: Brampton
Post ID: #PID

Posted on: 31-05-07 12:20:04

Without any details it is hard to suggest. However, better contact with the labour ministry. If it is prooved and you were not given proper notice you may be entitled to get 1 week's pay for a year of work in lieu of notice.

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Suraj singh
Member since: May 07

Posts: 3
Location: Toronto
Post ID: #PID

Posted on: 31-05-07 12:50:32

Thanks a lot guys. for ur advice
I m searching jobs and also work to deal with this matter.
Thanks again

mynameisraj
Member since: Dec 06

Posts: 296
Location:
Post ID: #PID

Posted on: 31-05-07 12:55:16

Quote:
Originally posted by Aashu

and basically bottomline told to me by an employee in HRDC office was that an employer can fire you say if he does not like color of your eyes (meaning for any reason).....

Really? I am very surprised. As far as I know, in Ontario there are labour laws to protect you as an employee. You have to be warned thrice before you can be fired...not just on some vague whim. The employer needs to have a case against you...with sufficient proof of your inability to perform.

An employee has a right to file a rebuttal in all cases.

That's what differentiates Canada from the USA where what you have cited as an example is fairly rampant.

Edit : http://www.canlii.org/ca/sta/l-2/sec240.html
It looks like he dismissed you just before the stipulated 12 months of continous employment.

Contributors: Suraj singh(2) ibcd2005(1) Charlie(1) jake3d(1) morning_rain(1) Aashu(1) dp_jain(1) mynameisraj(1) AshwaniG(1) guptamik(1)

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