Get a free 30-minutes consultation on your unjust dismissal case by calling our lawyers at (416) 323-9395.
What is Unjust Dismissal?
Most non-unionized employees in the federal sector are entitled to protections similar to those enjoyed by unionized employees. The Canada Labour Code (“the Code”) applies to employees working in federally regulated industries such as banks, airlines, transportation (trucking), and telecommunications. Except in very limited circumstances, these employees are entitled to enhanced job security and protection from dismissal in certain circumstances. This means that federal employees are entitled to be reinstated back to work in the event of an “unjust dismissal” from employment.
Therefore, if you are terminated from employment, it is important that you receive an opinion as to:
- Whether you are federally regulated for employment law purposes;
- Whether your job security is protected;
- Whether you have been unjustly dismissed and are entitled to the protections of the Code
What to Do if You Have Been Unjustly Dismissed
If you have been unjustly dismissed you could be reinstated to work with full back pay to the date of termination. Alternatively, you could receive a substantial payment in lieu of reinstatement. It is important to note that the limitation period to file an Unjust Dismissal complaint is just 90 days from the date of termination. In view of this very short limitation period, it is therefore crucial to seek the opinion of experienced legal counsel immediately after dismissal.
The unjust dismissal lawyers at Marvin A. Gorodensky Professional Corporation can assist in determining whether you have been unjustly dismissed from employment and in obtaining reinstatement back to work or other remedies on your behalf.