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Wrongful termination occurs when an employee is dismissed without adequate notice, just cause, or appropriate severance as required by the Employment Standards Act, 2000 (ESA) or the common law. It is not inherently about the fairness of the termination, but rather about whether the employer met their legal obligations in ending the employment relationship.
Wrongful termination may occur due to cost-cutting, interpersonal conflict, performance issues, or structural reorganization. However, if the employer fails to provide either proper working notice or sufficient pay in lieu of notice, the termination may be deemed wrongful.
Such terminations are unjust because they leave employees without the financial buffer the law entitles them to while they search for new work. In more serious cases, it may also reflect bad faith conduct or retaliation.
Legal recourse includes filing a civil claim for wrongful dismissal damages in court or pursuing a complaint with the Ministry of Labour (subject to monetary caps). Employees may claim compensation for lost wages, benefits, and potentially aggravated or punitive damages in extreme cases.