Getting fired is a tough pill to swallow. But sometimes, it’s more than just tough—it feels deeply unfair. Maybe you were let go right after telling your boss you were pregnant. Or perhaps you were fired for speaking up about a safety issue.
When a termination feels wrong, it might be more than just a feeling. It could be legally unfair.
The rules can be confusing, but understanding your rights is the first step to protecting yourself. Let’s break down what “unfair dismissal” really means.
Let's Clear Something Up: "Unfair" vs. "Wrongful" Dismissal
You’ll hear these two terms a lot, and it’s easy to mix them up. Here’s the simple difference:
Wrongful Dismissal is specific. It almost always means you were fired without enough notice or severance pay. It’s about the money.
Unfair Dismissal is a broader term. It can include a wrongful dismissal, but it also covers situations where you were fired for an illegal reason.
Think of it this way: a wrongful dismissal is always unfair, but not every unfair dismissal is just about severance.
Download 10 Points that Strongly Indicate Wrongful Dismissal
What’s Considered an Unfair Dismissal?
Your employer can’t fire you for just any reason, especially if it violates your fundamental rights. A dismissal is likely unfair (and illegal) if it happens for one of these reasons:
1. It’s Discriminatory: Your employer cannot fire you based on your age, race, gender, sexual orientation, disability, religion, or family status (like being pregnant or a new parent). This is a human rights violation, plain and simple.
2. It’s Retaliation: You are legally protected from being punished for exercising your workplace rights. If you were fired shortly after you filed a harassment complaint, reported a safety concern, asked about your pay, or tried to join a union, that’s a huge red flag for a retaliatory—and unfair—dismissal.
3. You Were on a Protected Leave: Employers can’t fire you for taking a legally protected leave, such as maternity, parental, or sick leave. You have a right to your job (or a comparable one) when you return.
4. You Weren’t Given Proper Notice or Severance: This is the classic wrongful dismissal we talked about. If you were let go “without cause” and offered little to no severance package, your dismissal was unfair because you weren’t given what you were legally owed.
What Are Your Rights if You’ve Been Unfairly Dismissed?
If you were fired unfairly, you don’t have to just accept it. You have rights, including:
The Right to Compensation: This could be a fair severance package, damages for human rights violations, or even lost wages.
The Right to a Workplace Free from Discrimination: The law protects your right to work without being judged on who you are.
The Right to Speak Up Without Fear: You shouldn’t lose your job for being a responsible employee who raises legitimate concerns.
How Do You Fight an Unfair Dismissal?
This is where it gets a little tricky, because the path you take depends on why the dismissal was unfair. Here’s a quick rundown of the options:
For Inadequate Severance (Wrongful Dismissal): The most common route is to have a lawyer negotiate a fair package or, if necessary, file a civil claim in court. This is where you can get your full common law entitlement, which is often much more than the minimums.
For Discrimination or Harassment: You can file an application with your province’s Human Rights Tribunal. This process is designed to handle human rights violations and can result in compensation for lost wages and emotional distress.
For Basic Employment Standards Violations: If your employer failed to pay minimum wage, vacation pay, or statutory termination pay, you can file a claim with the Ministry of Labour. It’s a faster process but typically only gets you the bare minimums, not a full common law severance.
What Should You Do First?
If you think your dismissal was unfair, here’s your action plan:
1. Do NOT Sign Anything: Don’t sign a release or severance offer until you’ve had it reviewed. You could be signing away your rights to fair compensation.
2. Document Everything: Write down exactly what happened in the termination meeting. Save any relevant emails, your employment contract, and your termination letter.
3. Get Legal Advice: Because the right path forward depends on your specific situation, talking to an employment lawyer is the best way to understand your options.
Final Thoughts
Being fired unfairly can make you feel powerless, but you have more power than you think. The law provides protections to ensure people are treated with dignity and fairness, even at the end of an employment relationship.
Don’t just walk away wondering. Know your rights and make sure you’re treated fairly.
