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What Are Some Grounds For Contesting Wrongful Dismissal?

Employee dismissal can also happen due to discrimination on the basis of caste, gender, race, or religion.
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Canada has federal and provisional legislation in place for Employers to give reasonable notice or pay in lieu of notice for terminating their employees when they have no just cause for dismissal. Whenever you take up a new job and sign the employment agreement, you must be well versed with the rights that have been given to you under Canadian employment law. Whenever you have been dismissed without notice, you should consult aWrongful Dismissal LawyerConsulting a lawyer can help you to find the answers regarding your dismissal. They will analyze whether you have a case for wrongful dismissal or not. Having a lawyer on your side will help you to fight for your right. Following are some of the principal grounds on which you can contest a wrongful dismissal case against your employer.

Dismissal based on performance

In case you have been dismissed with relation to your performance. The employer must give sufficient grounds for the dismissal. In such a situation, the employer needs to provide you with an appropriate warning along with the opportunity to improve your performance before the dismissal.

Discriminatory Grounds

Employee dismissal can also happen due to discrimination on the basis of caste, gender, race, or religion.

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Employee dismissal can also happen due to discrimination on the basis of caste, gender, race, or religion. These are just some of the human rights grounds on which an employee can be terminated. Suppose you feel that you have been discriminated against, which is the ground for your dismissal, then under the Ontario Human Rights Code. In that case, it becomes crucial to contact an employment lawyer. They will be able to determine how the wrongful dismissal has grounds in human rights violation.

Dismissal due to Reprisal

The employer can terminate an employee if the employee has contested that there are unsafe activities at work. However, some provisions have been provided by the Federal and Provincial legislation, which prohibit the employer from retaliating against the employee when they are seeking assistance and protesting against unsafe conditions at work.

Mitigate the Damages

Each employee who has faced wrongful dismissal should mitigate the damages. This can be done by seeking other employment. It should not render a hinder to the advancement of the wrongful dismissal claim.

Reach out to a Dismissal Lawyer

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Suppose you have been dismissed due to any of the above reasons or any other unjust reason. In that case, you should reach out to a wrongful dismissal lawyer. A lawyer who is well-versed with wrongful dismissal will be able to help you to understand whether you have a substantial case against your employer or not. They will listen to your side of the story and help you to build the case. Most of the time, it is preferable to negotiate and settle without litigation. Even if litigation becomes necessary, an experienced lawyer will ensure that case advances effectively. Facing a wrongful dismissal can add a lot of stress and worries. An experienced lawyer by your side will help to make it easier and less stressful for you.