Ten Questions to Determine Whether You Are Wrongfully Dismissed in Canada

Most people struggle with the concept of wrongful dismissal and how it applies to their circumstances. We pose ten important questions, answers of which will help you determine whether you have been wrongfully dismissed from your employment.
This lecture is taught by Amer Mushtaq, LL.B., M. Engineering, B.Sc. (Hons.), who is the Principal and Founder of the law firm, Formative LLP. Through this TH-cam channel, Amer shares practical advice from his years of legal experience to help anyone access justice and achieve their goals. Subscribe today to learn more.
Amer also offers in-depth courses (by paid subscription) on various legal topics through www.youcounsel.ca/.
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Lecture Outline:
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00:04 Introduction to Wrongful Dismissal
00:52 Different Terms for Wrongful Dismissal
01:30 Breach of Employment Contract
02:43 Employment Contract and Implied Terms
05:20 Common 10 Questions
07:11 Constructive Dismissal
08:05 No Proper Severance
08:51 3 factors to Consider regarding Severance: Contractual; Common-law and
Statutory Rights
10:27 Wrongful Dismissal: How to Determine?
11.19 Commission/s
11:37 Bonus
11:58 Breach of Statutory Rights
12:29 Discrimination
13:13 Bad Faith
14:10 Surreptitious Change in Contract
14:54 Just Cause Dismissal
17:24 Constructive Dismissal
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Looking to hire a lawyer or seeking legal advice?
Visit Formative LLP (www.formativelaw.ca) where you can get in touch with Amer and his team to help you navigate your legal concerns.
Book a call directly with Amer on Clarity:
clarity.fm/amermushtaq
Looking for formal course offerings?
Visit www.youcounsel.ca/
Show notes, links, further readings, attachments:
www.formativelaw.ca/2020/06/te...
To access the slides used in this presentation, visit:
www.formativelaw.ca/2020/06/te...
For the machine generated transcription to this video, visit:
www.formativelaw.ca/2020/06/te...

[@2SihamYounes]

Thank you for posting videos, they, definitely shine some light and clarity to relevant matters.

[@georgieboy9101]

Very good video. My industry is regulated Federally but I'm sure alot of what he said applies as well.

[@alkarimshariff2720]

Thanks very helpful 👍

[@Blacklocklegal]

Thank you

[@jayfay786]

What if someone is terminating you and 2 other employees near retirement are asked to take another role with reduced hours and pay. The 3 employees are minorities. Is this considered wrongful termination

[@phonglam2018]

people alway believe unionized employee have greater benefit and protection than non union employee. that was so wrong when your employment was represented by private trade union, especially the United Steelworkers of Canada, collecting more than hundred million each year, easy money for those union agent that have turned them to a Corruption Union.

[@zandremagbojos570]

Im sad i have accident work jan 14 2019 and im emergency i report to failed big part of my lower back and my haed hits the floor .and second accident

[@YouCounsel]

You should see an employment lawyer and a disability lawyer.

[@phonglam2018]

The fact is unionized employee could illegal terminated by the union.
and the union knowing that the member worker can not sure their union representative. because there is no lawyer willing to against union group of lawyers. even there was a very good case.

[@YouCounsel]

You are correct. The only legal option against a union in such matters is to file a "DFR" complaint (duty of fair representation) with the Labour Board. The success rate on such complaints is indeed low, but that is mostly because of the lack of supporting evidence. It is the same reason why some lawyers would not take such a case. But this is not to say that a meritorious case with a good chance of success would be denied by a lawyer. I am sorry to see that your experience in this regard has not been good.

[@phonglam2018]

@@YouCounsel thanks to your kindness, I have been struggling alone, on the legal matter to against the union, I know some worker tried to get help from Ontario Labour Relations Board. Consequently all were failed when the Board asked to complete form 29A. I completed form 3 in HRTO, against union, with solid evidence and witnesses that union can not deny. But the trade union legal position may beyond the jurisdiction of Tribunal, the union lawyer that represented union, disrespect human rights officer.
I don't want to be a victim of trade union for the rest of me life.

[@zandremagbojos570]

And second car accident feb 13 2019 i report a hit of 18 wheeler truck the incident t bone .i report a my lower back haed neck im so hard pain .i have medication until now .my company i recieve a termination paper .

[@YouCounsel]

I suggest you contact an employment lawyer and a personal injury lawyer, if you haven't already done so.

[@zandremagbojos570]

I call my employer said im not calling but for when back i have no idea becouse know my history of accident.i said my sitwation i have meditation and i said after accident i have lose memory to affect of two accident .im not remember to issue of employer .im sad becouse im alone ihave no idea to help me and im suffering pain haed neck lower back.

[@YouCounsel]

I believe you will benefit from contacting an employment lawyer. You should also consider applying for WSIB benefits, if you haven't already done so.

[@alkarimshariff2720]

Thanks i got lucky when trailer moved on me 10ft and i was reversing and went out off the trailer with a forklift just landed straight otherwise i would have been killed like a potatoes and as driver pulled out his trailer slide off from his lock pin underneath after 23.5 employer fire me as a shipping lead hand doing same job for all these years never once happened to me driver peed his pants he was in shock have to call ambulance

[@phonglam2018]

How about unionized employees being wrongfully dismissed, we have no rights to hire a private lawyer, or get any legal advice. where is my legal rights ?

[@YouCounsel]

As you may know, your legal rights are protected through grievance arbitration through the union. You can obtain legal advice at your own expense, but that defeats the purpose of being part of a union and paying union dues for such service. In limited circumstances, a union may allow your private lawyer to participate in your grievance, but that's extremely rare.

[@phonglam2018]

how can an unionized employee file a greivance with the union, while the union is the one who was discrimination them ? the union rights of association that took away my rights of equality.