Can wrongful dismissal occur due to changes in working hours?
wrongful dismissal occur due to changes in working hours
If you’re fired by an employer for a reason that violates your employment rights, you may have a wrongful termination claim. A wrongful dismissal lawyer can help you get justice and fair compensation. Wrongful termination is defined as when an employer fires an employee in violation of the terms of their contract or employment law regulations. These include the Labour Relations Act (LRA) for unionized employees and the Employment Standards Act for non-unionized workers.
Generally, your employer must give you notice of your termination and provide you with a reasonable amount of severance pay. This compensation usually equates to your salary plus any contractual bonuses or commission you’d have earned if you had worked out the remainder of your notice period. It can also include the value of any pension entitlement, car allowance or private health insurance you would have received during this time.
It’s important to understand that there are many different reasons you can be terminated that don’t qualify as wrongful dismissal termination. It’s against the law for your employer to discriminate against you based on your race, gender, religion, ethnicity, sex, age, or disability status. In addition, you can’t be fired for taking time off to participate in jury duty, attend to a medical condition or caring for a sick family member, or reporting your employer for violating local, state, or federal laws, rules, or regulations.
Can wrongful dismissal occur due to changes in working hours?
Your employer can also violate your employment rights if they make changes to your working hours that you find intolerable. This could be changing your schedule, eliminating overtime, or reducing the number of breaks you have to take. In some instances, this can lead to an atmosphere of hostility and stress that causes you to resign your position. In this scenario, you may have a case for constructive dismissal.
If you feel that your employer has abused their authority or breached your rights, it’s crucial to contact a wrongful dismissal lawyer promptly. You have specific legal time limits to file a complaint, so don’t wait until it’s too late.
Employers can take proactive steps to avoid wrongful dismissal claims. First, they should ensure that all employment contracts are clear, detailed, and legally sound. Regularly updating contracts to reflect changes in the role or expectations helps reduce the risk of disputes. Additionally, employers should maintain open lines of communication with employees and document any performance issues thoroughly before taking disciplinary actions.
Bune Law is a Toronto-based employment law firm assisting clients with all types of workplace disputes, including wrongful dismissal claims. Our experienced team of employment lawyers can review your case, advise you of your potential options and assist in resolving matters through arbitration, mediation or, where necessary, litigation. Contact us today to book your free no-obligation consultation.
