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Wrongful Dismissal
Under the Employment Standards Act, 2000 (ESA) a person’s employment is terminated if the employer:

  • Dismisses or stops employing an employee, including where an employee is no longer employed due to the bankruptcy or insolvency of the employer;
  • Constructively dismisses an employee and the employee resigns, in response, within a reasonable time; or
  • Lays an employee off for a period that is longer than a temporary layoff.

When an employer ends the employment relationship with an employee that has continued for three or more months, the employer must provide the employee with written notice of termination, termination pay or a combination of both.

Constructive Dismissal
When an employer makes a significant change to a fundamental term or condition of your employment, without your consent, you may have deemed to be constructively dismissed.  In order for the action to be considered a termination of employment, you must have resigned in response to the changes in your employment in a reasonable time.  For more information on constructive dismissal, please contact our experienced employment lawyers.

Temporary Layoff
A temporary layoff is when an employer cuts back or stops the employee’s work without ending his or her employment. A temporary layoff is defined under the ESA as follows:

  • not more than 13 weeks of layoff in any consecutive 20-week period
  • more than 13 weeks in any period of 20 consecutive weeks, but less than 35 weeks of layoff in any period of 52 consecutive weeks, where:
    • the employee continues to receive substantial payments from the employer;

There are a number of other provisions that aid in the determination of whether an employee was temporarily laid off. If you were laid off for a period longer than a temporary lay off, the employer is considered to have terminated the employee's employment. Generally, the employee will then be entitled to termination pay.

Contact the lawyers at Rose Law at 416-519-2543 for a review of the circumstances around your dismissal.  We will protect your rights and ensure that you maximize the remedies available to you at law.