Need advice from Seniors like Leon etc.,

[21685]

I would like to ask the learned members of the forum regarding remedies for illegal termination in

Canada.One of my friend was working in a building at the front desk.He has successfully

completed more than one year without any remarks.He was appointed by the Company as a full time

permanent employee. The Company is a charitable Organisation managed by its board of directors

but the only person who is active and powerful is the Chairman and he perform everything

according to his own whims and fancies he terminates who ever he wants without any justified

reason.

One day all of a sudden when my friend came for the shift he gave letter of termination by giving

a vague reason that due to review of our operations and requirements moving forward we decided

that your services are no longer needed.

But in fact he gave that to one of an agency who gave him some illegal gratifications and that

agency fellow is sending different persons to sit on the front desk because of this the tenants

of the buildings are also unhappy but they are mute spectators helpless to raise their voice

against the unjust and unfair things happening.

If this kind of thing happens in our India as a trade union leader like me should have taken few

people along with me and kick and manhandle that bloody Chairman but this is Canada so what

we can do here.Is there any forum which can be requested to hold inquiry against that

Chairman. Need your valuable advice.

 

[Leon]

Your friend should talk to a lawyer. Generally in Canada, you can lay people off if there is not enough work and you can fire a person during their probation period for any reason but outside of that, you need a reason. Strong grounds to be fired without notice would be if caught stealing on the job, hitting a coworker or something extreme like that. Other conduct like not completing projects as expected, coming in late etc. he would have had to be warned before. The lawyer can tell him what his chances are.

An employer I once worked for fired a woman for a vague reason after she had passed her probation period and she got a lawyer and I heard that the employer settled the case by paying her $10,000 in damages.

 

[CDNPR2014]

also, isn't it a law that the employee must receive severance based on how long they worked? or is that just ontario?

 

[alok4best]

also, isn't it a law that the employee must receive severance based on how long they worked? or is that just ontario?

I think severance comes into picture only after 5 years of employment at same company.

 

[CDNPR2014]

that's not true for ontario. see here:
http://www.labour.gov.on.ca/english/es/pubs/guide/termination.php#pay

so it sounds like not all provinces are the same...

 

[alok4best]

that's not true for ontario. see here:
http://www.labour.gov.on.ca/english/es/pubs/guide/termination.php#pay

so it sounds like not all provinces are the same...

Severance and Termination pay are 2 different things.
Normally our work contracts have a clause of notice period.
If you resign, you serve notice period before you are relieved.
Similarly if the employer fires you, they are supposed to give you the same notice.
If they don't notify you and fire you on the spot, then you get paid for the notice period.

This is different from severance. Severance comes into picture only after 5 years of service at same employer.

 

[alok4best]

Here.
http://www.labour.gov.on.ca/english/es/pubs/guide/severance.php

 

[CDNPR2014]

Severance and Termination pay are 2 different things.

yes you are correct. with that being said, if the OP's friend is in ontario (or another province that has similar laws), that employer needs to be reported to the appropriate ministry of labour because if the story is true, then they may have violated labour law!

 

[21685]

Thank you Leon and all others for their replies. In this case two weeks severance pay was given but neither the business was closed nor the post was eliminated , the same job was given to outsider that is on a contract to an agency by terminating the regular full time permanent employee. So my question to all my learned friends of this forum is,can the Canadian employer terminate the full time permanent employee without any valid reason and give the same job to an outsider according to his own whims and fancies.

 

[CDNPR2014]

as leon suggested, it may be best for your friend to talk to an attorney about this. also, you haven't told us which province your friend is in. this will help determine what rights your friend has, since each province has different laws.

 

[21685]

He is in Alberta. If he directly meet the Lawyer he will say we will make a case against the employer bring some thousand dollars.

That is the reason we are looking for an appropriate forum to make a complaint against the employer for wrongful termination.

 

[mrbeachman]

Your friend should talk to a lawyer. Generally in Canada, you can lay people off if there is not enough work and you can fire a person during their probation period for any reason but outside of that, you need a reason. Strong grounds to be fired without notice would be if caught stealing on the job, hitting a coworker or something extreme like that. Other conduct like not completing projects as expected, coming in late etc. he would have had to be warned before. The lawyer can tell him what his chances are.

An employer I once worked for fired a woman for a vague reason after she had passed her probation period and she got a lawyer and I heard that the employer settled the case by paying her $10,000 in damages.

Are you kidding me?

Getting laid off for "services not needed" is perfectly legal.

Should millions of other Canadians sue because they lost their jobs for similar reasons?

Seriously?

 

[alok4best]

Thank you Leon and all others for their replies. In this case two weeks severance pay was given but neither the business was closed nor the post was eliminated , the same job was given to outsider that is on a contract to an agency by terminating the regular full time permanent employee. So my question to all my learned friends of this forum is,can the Canadian employer terminate the full time permanent employee without any valid reason and give the same job to an outsider according to his own whims and fancies.

Well, from what I understand, this is how corporate world works.
An employer can terminate your services whenever they feel like doing so.
As long as they are following rules, i.e. the terms of employment which both parties signed.
These terms normally include a notice period and severance pay (if applicable).

So on a purely legal grounds, I do not think your friend has much of a case.
In non-govt jobs, hiring and firing is a norm. If you want more stability, some govt department is the place to work.