FAQs

The right to reinstatement is an employee’s right to resume their position following a wrongful dismissal. Unionized employees and federal employees have the right to seek reinstatement. Provincial employees generally do not have the right to seek reinstatement. Unionized employees can seek reinstatement pursuant to the terms of their collective agreement. Federal employees who have […]

Employers will frequently provide a tight deadline in which to accept a termination package in the hopes that this will dissuade ex-employees from commencing a lawsuit. It is important to know that this deadline is only contractual and that the employer’s legal obligations still apply: the employer must pay wages equivalent to the minimum notice

The law allows an employer to dismiss an employee summarily, (i.e., without notice) where the employer has “just cause” for terminating the employment relationship. As stated at paragraph 11 of the landmark case, Regina v. Arthurs (1967), 1967 CanLII 30 (ON CA), 62 D.L.R. (2d) 342 (Ont. C.A.), the following are instances where the law will accord the