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What did you learn about the topic that surprised you?

- The fact that there are employers that actually fire employees without any reason and that employees can actually sue them for wrongfully terminating them

What are you most likely to remember from this research?
The videos for my research were really interesting. i think that i am most likely to remember the videos and the case study pertaining to my topic

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What do lawyers have to say about wrongful dismissal?

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What do lawyers have to say about wrongful dismissal?

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Legal Advice on Unfair, Constructive and Wrongful Dismissal

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10 Questions to Determine whether you are wrongfully dismissed in canada

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10 Questions to Determine whether you are wrongfully dismissed in canada

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Ten Questions to Determine Whether You Are Wrongfully Dismissed in Canada

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What to expect from a wrongful termination lawsuit?

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What to expect from a wrongful termination lawsuit?

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What to Expect from a Wrongful Termination Lawsuit

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Simply Sue

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An Alberta safety manager has won $28,000 in damages after he was fired by his employer. The employer argued that the employee quit or, in the alternative, that the employer had just cause for dismissal.

The court rejected the employer's argument that the employee had quit. The employer's email stating, "Don't bother coming in either I'll look after all this k that your two weeks. Thanks for your services have good day" [sic], made it clear that the employer had dismissed the employee.

The court also rejected the employer's argument that it had just cause for dismissal. Contrary to the employer's assertion, the employee had not failed to complete an assigned task (addition of certain safety procedures to the employer's safety manual) and even if he had failed to do so, there was no evidence that the company had suffered harm as a result.

Further, the employee's outburst in which he told his manager to "f off" on a telephone call was not just cause for dismissal. It was said on a private call and there was no "scene" in front of other employees or the public. The employee had an unblemished work record. The manager admitted that he fired the employee in the heat of the moment.

The court therefore decided that the employee, who had 3.5 years of service and an annual salary of $82,000.00, was entitled to 4 months of pay in lieu of notice. He was therefore entitled to approximately $28,000 in damages.

Bohnet v Rebel Energy Services Ltd., 2018 ABPC 131 (CanLII)

For more information, visit our Occupational Health & Safety Law blog at www.occupationalhealthandsafetylaw.com
About Dentons
Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.
More Popular Related Articles on Employment and HR from Canada

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safety manager wins wrongful dismissal suit: he had not failed to complete assigned tasks

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Canada: Safety Manager Wins Wrongful Dismissal Suit: He Had Not Failed To Complete Assigned Tasks, Court Decides

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An Alberta safety manager has won $28,000 in damages after he was fired by his employer. The employer argued that the employee quit or, in the alternative, that the employer had just cause for dismissal. The court rejected the employer's argument that the employee had quit.

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When firing an employee takes a wrong turn on the district

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When firing an employee takes a wrong turn on the district

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The then District of West Kelowna was wrong when it fired a high-ranking firefighter because of an off-duty drunk driving incident.

In October 2013, after a "date night" at the Kelowna casino with his spouse, assistant fire chief Kerry Klonteig was pulled over on the floating bridge by police for speeding.

Klonteig admitted he had been drinking and after failing two roadside breath tests was given a 90 day driving prohibition and the vehicle was impounded for 30 days.

It was an unmarked fire department pickup truck.

A very remorseful Klonteig, who was a valued and exemplary employee, was fired from his $101,000 a year job later that day by the city's chief administrative officer, Jason Johnson.

That was despite the recommendation of the fire chief and human resources manager that a lesser sanction, such as suspension, was appropriate.

But Johnson was outraged about Klonteig's drunk driving in a fire department vehicle.

The termination letter stated: "This is a very serious incident as you were driving a District vehicle while impaired and consequently posed a threat to the safety of yourself and others travelling on the roads that evening. As well, the District vehicle was impounded. This is simply unacceptable for someone in your position whose job is to protect public safety."

Klonteig later sued the city for wrongful dismissal and was seeking 18 months pay in compensation.

READ MORE: Wrongful dismissal court case; West Kelowna fire fighter fired for drinking and driving

In her decision the judge ruled: "Mr. Klonteig's off-duty conduct was not incompatible with his faithful discharge of his duties or otherwise prejudicial to the interests or reputation of the District, and that his termination was without cause."

Klontgeig was awarded $42,325 which represents five months salary.

The City of West Kelowna is not commenting on the judge's ruling.

Klontgeig now works for a company that provides industrial firefighting and decontamination for natural gas fracking sites in northern BC.

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Judge rules senior West Kelowna firefighter was wrongfully fired

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The then District of West Kelowna was wrong when it fired a high-ranking firefighter because of an off-duty drunk driving incident. In October 2013, after a "date night" at the Kelowna casino with his spouse, assistant fire chief Kerry Klonteig was pulled over on the floating bridge by police for speeding.

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Whitten & Lublin Employment Lawyers Toronto & GTA

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Before you sue for wrongful dismissal, make sure you understand your rights and also the legal terminology behind your claim. A wrongful dismissal results when an employer terminates an employee without adequate notice or payment equivalent to earnings that would have been earned during the notice period. 'Suing' an employer for wrongful dismissal would mean seeking damages in the amount of what would have been owed in the form of notice pay. Assessing this amount, however, can vary to a significant degree.
Notice pay is an estimate of the time it would take an employee to find comparable employment, which means the amount of notice pay owed varies on a case-by-case basis. Some key factors considered include age, position, credentials/skills, tenure, labor market and so on. For instance, a senior manager that has many employees reporting to him/her would be entitled to considerable more notice pay compared to an employee of junior status, young age, and less tenure.
Notice pay, however, could be limited by a termination clause, but only if the clause is valid. Given recent scrutiny of termination clauses by the courts, poorly drafted clauses, or clauses that were drafted many years ago are likely to be invalid. An experienced employment lawyer would be able to assess the validity of such a clause and also ensure that wrongful termination is remedied. If payment of severance or notice is contingent upon signing a severance agreement or release, have an employment lawyer review any offers, as such offer could be less than what would be owed

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How much can you sue for Wrongful Dismissal in Ontario?

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Before you sue for wrongful dismissal, make sure you understand your rights and also the legal terminology behind your claim. A wrongful dismissal results when an employer terminates an employee without adequate notice or payment equivalent to earnings that would have been earned during the notice period.

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Cases where people have sued the company for unjust dismissal

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Cases where people have sued the company for unjust dismissal

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Two former employees of Credit Union Centre have been awarded damages for wrongful dismissal dating back to 2012.

A Saskatoon judge ruled William Antonishyn and Brian Swidrovich were wrongly fired from their management positions at the city-owned arena, now known as SaskTel Centre.

Antonishyn, the previous ticketing and business projects director, and Swidrovich, the former business development director, took to a trip to Phoenix, Ariz., in October 2011, along with clients and the outgoing executive director, Ken Wood.

In January 2012, both men were fired.

Antonishyn and Swidrovich said the trip served Credit Union Centre's business interests and that it was authorized by Wood. Will Lofdahl took over as executive director, following Wood's retirement in late October, and fired the two men.

Credit Union Centre officials argued the Phoenix trip was improperly authorized, in that it served no business purpose, after Antonishyn and Swidrovich expensed nearly $8,000 for airfare, meals, drinks, golf, and tickets to an NFL game.

"The principal actors within Saskatchewan Place Association (SPA), apparently for varying reasons, ignored one central, salient and indisputable fact - namely, that Mr. Wood, the plaintiffs' immediate superior authorized them to sponsor and participate in the 2011 trip," Justice Richard Elson wrote in his 70-page decision.

"I am satisfied that SPA has failed to meet the burden of establishing just cause for dismissal. Accordingly, the plaintiffs are entitled to damages arising from their dismissal," Elson wrote.

Elson ruled Antonishyn was to receive damages equal to 24 months of income and benefits he would have received during the corresponding period of time following his dismissal, while Swidrovich was to be awarded damages equal to 20 months.

In 2011, Antonishyn and Swidrovich each earned $102,222.

City solicitor Patricia Warwick said the judgment is being reviewed by SaskTel Centre's legal team.

"SaskTel Centre respects the court process and the right of the plaintiffs to a fair trial," Warwick said in a written statement.

"As the events which relate to this judgment arose in 2011 and 2012, SaskTel is looking forward to concluding this matter and moving forward with an eye on the future of SaskTel Centre."

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2 former Credit Union Centre employees awarded damages after wrongful dismissal

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Two former employees of Credit Union Centre have been awarded damages for wrongful dismissal dating back to 2012. A Saskatoon judge ruled William Antonishyn and Brian Swidrovich were wrongly fired from their management positions at the city-owned arena, now known as SaskTel Centre.

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Should we sue them in case of Wrongful Dismissal?

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Should we sue them in case of Wrongful Dismissal?

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Q. When is a wrongful dismissal suit justified and worth the time and money required to get legal representation? I was an assembly line manager in a clothing factory and believe I was fired by my employer for personality issues-mainly for disagreeing with him regarding how assembly line workers should be scheduled in the plant and how safety issues were being dealt with. I received a paltry two weeks of severance pay per year worked (I worked there three years).
-Dave
A. When is it worthwhile to hire a lawyer to seek greater severance package entitlements? That is a good question, Dave, and one that comes up all the time. There are really two answers to this.
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First-and this is the less frequent of the two situations-if you are an employee who believes they have not been treated fairly, wants to prove their point or show their former employer that they will not stand for this and can afford to get into litigation where the goal is to prove a point, then you should hire a lawyer and prove your point. This isn't the situation for most people, but it does come up from time to time.

The second and more frequent situation is where an employees is willing to incur some legal fees provided that they will end up getting more than that amount in a settlement. Most of the time, I suggest that clients think of the legal fees that they will incur as an investment and focus on how much return they are likely to see on that investment. To put it another way, is the difference between what you have been offered and what you should have been offered enough in terms of dollars to make it worth paying a lawyer?

However, I will also add to both of these examples that, in many cases, employers contribute something towards the legal fees of the former employee, so you may not be responsible for the entire bill.

A few things stand out to me about your situation. First, I'm going to assume that you are not in a union, which is a very different discussion.

It sounds like you have been terminated "without cause," which means that you are entitled to notice or pay in lieu of notice. If you were terminated for cause, you would not have received any compensation.

Next, it sounds like you might have been paid less than your minimum entitlements under the Employment Standards Act. But I'm getting ahead of myself here.

There are two systems that define what you are entitled to upon termination of your employment.

First is t he Employment Standards Act is a statute. It is not optional. You get this no matter what. The bad news is that it only provides you with a minimum set of entitlements.

The second system is the common law. Put very briefly, a judge will decide how much notice (or pay instead of notice) you are entitled to. This is an estimate of the amount of time that is should take you to find a similar new job. The amount of time is then converted into dollars by looking at what a typical month is worth to that employee. As an employee, you want your common law entitlements and, in most cases, you have the right to choose that system. Your common law notice period will almost always be longer than your entitlements pursuant to the Employment Standards Act. ( The main exception to this is employees who sign a contract of employment specifically accepting their Employment Standards Act minimum entitlements.)
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Unfortunately, the amount of time that you worked there is a big factor in determining your notice period. With only three years of service, unless there are some additional supporting facts, your notice period is likely going to be well under a year.

It is also important to understand that if you obtain a new position with approximately the same compensation one month after your employment was terminated, it wouldn't make sense to then proceed to debate whether your common law notice period is two months or six months because you obtained a new position, or "mitigated your losses," after one only month, putting an end to this entitlement. If you expect to get a new job quickly, it is critical that you make a deal quickly, before you get a new job, so that you can seek your full entitlements.
Scott Hawryliw is a civil litigation lawyer with SRH Litigation in Barrie, Ont. He helps clients with legal problems related to injuries, employment, and business issues and can be reached at [email protected]
In terms of mitigation, I'll also add that an employee has a duty to make reasonable efforts to seek out (and accept) new, similar employment during the notice period and cannot simply do nothing in order to later point to the fact that they have not obtained a new position. The flip side of this is that an employee is not required to take any job that is available. The obligation is to seek out a new, similar job. For example, just because Tim Hortons would hire you today does not mean that you are obligated to take that position.

I should also mention that if you have signed an agreement accepting the severance offer that was provided to you, you might not be able to get out of that deal to be allowed to pursue your full entitlements. However, if you were paid less than your Employment Standards Act minimum entitlements, you would likely be able to get out of the agreement.

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When does it make sense to sue for wrongful dismissal?

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Q. When is a wrongful dismissal suit justified and worth the time and money required to get legal representation? I was an assembly line manager in a clothing factory and believe I was fired by my employer for personality issues-mainly for disagreeing with him regarding how assembly line workers should be scheduled in the plant and how safety issues were being dealt with.

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Wrongful dismissal occurs when an employee is dismissed by their employer without reasonable notice -- if the amount of notice is insufficient.