Human Rights Code impact wrongful dismissal claims
The Human Rights Code is a Canadian law that guarantees equality before the law and prohibits discrimination in specific social areas such as employment. Specifically, the Code prohibits discrimination based on race or ancestry, colour, ethnic origin, citizenship, creed, sex, gender identity and expression, family status, marital status, age, disability, record of offences, and association with someone who has any of these categories.
Despite being protected by the Code, employees in non-unionized environments may still face issues such as wrongful dismissal. In these cases, it is critical to have the support of an experienced wrongful dismissal toronto lawyer as soon as possible. This is because a timely action can avoid statutory bars to filing a claim such as being unable to bring a claim beyond the limitation period set out in the applicable statute.
Most wrongful dismissal claims allege that an employee was dismissed for reasons that violate the Human Rights Code. However, wrongful dismissal laws are not designed to prevent employers from firing their employees. In fact, employment contracts and even company policy documents often state that workers are at-will employees and can be fired for any reason, provided it is not illegal. This means that proving your wrongful termination claim could be difficult, especially if you have not been terminated for a legal reason, such as sexual harassment, workplace discrimination, shareholder fraud, wage theft, or serious misconduct.
How does the Human Rights Code impact wrongful dismissal claims?
In cases of wrongful termination, a court will consider the circumstances surrounding an employer’s decision to fire a worker, including whether or not there was a valid business or operational reason for the termination, and how the termination related to the employee’s membership in a protected class. The court will also look at the evidence, such as documentation of any treatment or comments made by your employer that could be viewed as discriminatory.
As a result, it is important to keep track of any information that might be useful in bringing a wrongful termination claim. For example, any documentation of your employer’s conversations with you about the incident or their alleged reasoning for the firing as well as any notes from meetings or performance evaluations can be very helpful in evaluating your case. Your attorney can review this documentation to determine if any of the criteria for discrimination or retaliation have been met.
Another issue that can be problematic for a wrongful dismissal toronto is that of retaliation. The Code protects those who make a complaint or are involved in a complaint from being subject to retaliation. The tribunal has a duty to ensure that people are not retaliated against for exercising their rights under the Code or for taking steps to enforce those rights.
The Tribunal is committed to addressing human rights issues in the workplace and providing support for individuals who are affected by violations of their rights. The Tribunal has a number of resources available to individuals who are experiencing human rights concerns, and it can provide advice through its clinic on most Mondays and online.
