How does the current recession effect wrongful dismissal and employee rights for non-union employees?
If you belong to a union, you must go through your union; however, you may still want to consult with a lawyer.
Have you been dismissed or do you feel that you are in danger of being dismissed? Have you received “warning” letters from your employer that you don’t agree with? Is your job changing? i.e. work load or nature of your work? Termination of employment is disturbing and stressful and an improper termination can add to the stress. The recession has brought more layoffs due to companies cutting costs. Some are going bankrupt. The modern workplace is often an important cornerstone in one's emotional and social well-being. Along with the financial upheaval and hardship that often flows from the loss of a job, an improper termination of employment may also be a source of great personal anxiety, discomfort and distress.
Is your employer alleging that they can terminate you for cause? In very rare cases an employee may be terminated for cause without any prior notice to the employee and without compensation; however; these are difficult to prove. Examples would include blatant theft or fraud.
If you have been wrongfully dismissed and your employer has made you an offer, consider whether or not the offer is sufficient and have the offer reviewed before signing. As part of this offer, you will receive reasonable notice or payment in lieu of. But that raises the question:
How is "reasonable notice" Determined?
Reasonable notice is determined with reference to the facts of each particular case, having regard to the character of the employment, the length of service of the employee, the age of the employee and the availability of similar employment, the experience, training and qualification of the employee and the circumstances of the employee's hiring and termination. Other considerations include: whether the employee was induced to take the job, whether there is an employment agreement with a clause that deals with reasonable notice in the event of termination, whether or not there were any human rights violations, employment standards act, and the employee’s duty to mitigate. Another relevant factor in considering the appropriate notice period lies in decisions made by courts in analogous circumstances.
The Effect of the Recession:
One of the factors in determining reasonable notice periods is the availability of similar employment. The recession is either eliminating some types of jobs in Canada such as manufacturing jobs or making the time to obtain similar jobs longer. In the recent case of Eugene Moldovanyi v. Canac Kitchens Ltd., a division of Kohler Ltd, the Justice D. M. Brown considered this factor:“Availability of similar employment: Mr. Moldovanyi has looked for new permanent work, without success. Times are tough in the first quarter of 2009. Major layoffs by manufacturing companies are reported daily in the business media. I have no doubt that Mr. Moldovanyi is attempting to find replacement work in a very poor
employment market;” in granting him 14 months reasonable notice
If you have been asked to sign an employment agreement or offer, have a concern regarding your employment or have been wrongfully dismissed, take an initial consultation with George C.Eyre by telephone at (416) 362-0495 and by email at info@law4it.com without fee or obligation
© 2009 George C. Eyre and George C. Eyre, Law Offices This article is intended for information purposes only and is not a substitute for legal advice and may not be relied on as such. You are advised to consult with a lawyer for advice regarding your specific case.
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