What Should You Do Now?

wrongful_dismissal_cramer_legalAs long as you are not unionized, you really have three avenues if you feel that you were wrongfully dismissed. You have to choose one avenue as you cannot simultaneously pursue relief or compensation using multiple forums. One thing is for sure; if your employer has breached the employment contract, you should definitely do something about it. A consultation with Cramer Legal is FREE and you should never sign a release without legal advice.


The Employment Standards Act is only the tip of the Iceberg. Your common-law rights are substantial as compared to the statutory minimums contained in the ESA. Small Claims Court offers nothing in the way of equitable relief. In other words, the Small Claims Court cannot get you your job back. However, the benefit is that costs are minimal and a financial reward is likely to be the swift when compared to the other forums. Claims are typically dealt with in a matter of months and the limit is currently $25,000 plus interest and costs. Superior Court provides equitable relief and awards can be substantial as there is no monetary limit. The drawback is of course that a case may take years and costs are onerous.


If you have been refused advancement or have been dismissed and you believe it is because of one of the protected grounds, then this may be your most effective venue. The Human Rights Tribunal has broad powers to restore your position and typically HRTO awards are quite generous.


Enforcement Officers with the Ministry of Labour can get you your job back and make monetary awards up to the statutory minimums for termination pay contained in the ESA. You will likely not get what you deserve if you choose this path. It is more expeditious than Superior Court and there are no costs to the employee. There will be no compensation for the egregious manner in which the employer released you.


File a grievance with your union steward.