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Employee rights: Worker gets thousands in wrongful dismissal case

A Canadian man was recently awarded $28,000 in damages in a wrongful dismissal case. The court didn't buy the assertion of the former safety manager's Alberta employer, who said the man quit or that there was just cause for firing him. Most employee rights in Canada are protected by employment laws of their province and territory, and it is mandatory that places of employment in Ontario and in the rest of the country place an Employment Standards Act poster where all employees can see it.

In this particular case, the court was presented with evidence in the form of an email from the employer to the employee that said for him not to come in and to consider the email as being his two-week notice. The court viewed this as a definite dismissal. The court also sided with the employee that he did complete what the employer asked of him, and even if he hadn't, it didn't look like the company suffered.

The employee's work record was stellar, and even swearing at his boss over the phone didn't constitute grounds for dismissal since it was done privately. The manager admitted to firing the employee in the heat of the moment. So, the court ruled the man, whose annual salary was $82,000, should be awarded four months pay in lieu of notice. 

All workers in Ontario and in the rest of Canada are entitled to their employee rights. Workers who believe they have suffered wrongful dismissal or who believe their human rights have been violated have the right to obtain legal counsel. A lawyer would be able to provide advice on obtaining compensation and what that entails. After listening to his or her client's story and reviewing the evidence, a lawyer would be able to suggest how best to proceed.

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