Saad Mirza
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Unfairly treated or fired at work?
March 30, 2025
How Employees Can Protect Themselves Against Unfair Dismissal
Unfair dismissal can be a devastating experience, both professionally and personally. It occurs when an employee is terminated without a valid reason or through improper procedures, leaving them feeling powerless and uncertain about their future.
We understand the importance of empowering employees with the knowledge and tools to safeguard their rights and careers. In this article, we’ll explore what unfair dismissal entails, how employees can protect themselves, and the steps to take if faced with this challenge.
Understanding Unfair Dismissal
Unfair dismissal typically involves termination that lacks a legitimate reason or violates procedural fairness. Common grounds for unfair dismissal include:
• Discrimination based on gender, race, disability, or other protected characteristics.
• Retaliation for whistleblowing or union activities.
• Termination without proper warnings or due process.
Recognizing these signs is the first step in protecting yourself against unjust treatment in the
workplace.
Know Your Employment Rights
Knowledge is power when it comes to employment rights. In Canada, labor laws provide robust protections for employees, including safeguards against discrimination and entitlement to proper notice before termination.
Reviewing your employment contract is equally important—it outlines your specific terms and conditions, helping you understand what your employer can and cannot do.
If you’re unsure about your rights or contract provisions, consulting with an employment lawyer can provide clarity.
Steps to Protect Yourself Against Unfair Dismissal
Proactive measures can significantly reduce the risk of unfair dismissal. Here are practical steps employees can take:
1. Maintain Clear Documentation
Keep detailed records of performance reviews, emails, disciplinary meetings, and any incidents of unfair treatment or harassment. Documentation serves as critical evidence in case of disputes.
2. Understand Workplace Policies
Familiarize yourself with company policies on grievances and disciplinary actions. Ensure these policies comply with labor laws.
3. Seek Clarification on Job Expectations
Regularly communicate with your manager about performance standards. Request feedback early to address potential issues before they escalate.
4. Respond Appropriately to Warnings
Take written warnings seriously and respond formally if you disagree with them. Seek support from HR or union representatives when necessary.
5. Be Aware of Redundancy Rights
Understand redundancy criteria and ensure they are applied fairly. Confirm whether alternative roles within the company were offered before termination.
What to Do If You Face Unfair Dismissal
Step 1. Request a Written Explanation
Ask your employer for a formal letter detailing the reasons for your dismissal.
Step 2. File a Grievance
Follow your company’s internal grievance procedures to raise concerns about the termination.
Step 3. Seek Legal Advice
Consult an employment lawyer to evaluate your case and understand timelines for filing claims with relevant authorities or tribunals.
Step 4. Consider Mediation or Conciliation
Explore alternative dispute resolution methods before pursuing legal action to save time and resources.
Preventative Measures for Employees
Prevention is always better than cure when it comes to workplace disputes:
• Join a union or professional association for additional support and advocacy.
• Continuously update your skills and qualifications to meet evolving job requirements.
• Build positive relationships in the workplace to foster trust and communication with colleagues and management.
Unfair dismissal can disrupt careers and lives, but employees are not powerless in such situations.
By understanding their rights, documenting workplace interactions, and taking proactive measures, employees can protect themselves against unjust treatment.
Author: Saad Mirza
I’m Saad Mirza, the founder of Thrive Law, a employment law firm dedicated to helping employees across Ontario navigate challenging job terminations and workplace issues.