Wrongful Dismissal in Manitoba
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
If you've worked for a federally regulated employer for 12 months or more, you have strong protections against being fired without a good reason.
Notice of termination depends on how long you've worked:
- 3 months to 3 years: 2 weeks' notice
- 3 to 8 years: graduated up to 8 weeks
- 8+ years: 8 weeks' notice
Severance pay (after 12+ months): the greater of 2 days' wages per year of service or 5 days' wages.
You can also file an unjust dismissal complaint under section 240, which can result in reinstatement to your job and back pay.
When does it apply?
- You work for a federally regulated employer.
- 3+ months of service for notice rights.
- 12+ months of continuous service for severance pay and unjust dismissal protection.
- Not available to managers or workers covered by a collective agreement (union contract).
What to Do If You Were Wrongfully Dismissed by a Canadian Employer
- File your complaint within 90 days of being dismissed — this deadline is strict and cannot be extended.
- Keep your termination letter and Record of Employment (ROE).
- Request written reasons for your dismissal — your employer must provide them within 15 days of your request.
What should you NOT do?
- Don't sign a release or settlement without fully understanding what rights you're giving up. Consider getting legal advice first.
- Don't miss the 90-day deadline — once it passes, you lose your right to file.
- Don't assume any reason is just cause. The law sets a high bar for employers to prove they had a good reason to fire you.
How Manitoba differs from federal law
Manitoba provides termination protections under the Employment Standards Code, CCSM c. E110, along with common law reasonable notice.
- Under the Employment Standards Code, employers must give written notice or pay in lieu based on length of service: 1 pay period (30 days to 1 year), 2 pay periods (1 to 3 years), 4 pay periods (3 to 5 years), 6 pay periods (5 to 10 years), and 8 pay periods (10 or more years).
- If 50 or more employees are terminated within a 4-week period, the employer must also comply with group termination rules and provide longer notice.
- The common law often awards more than statutory minimums. Manitoba courts apply the Bardal factors (age, length of service, position, and availability of similar work) and may award reasonable notice of up to 24 months.
- Employers cannot fire you for exercising rights under the Employment Standards Code, filing a WCB claim, taking leave, or refusing unsafe work. This is a prohibited reprisal.
- Manitoba employees with no fixed-term contract who believe they were unjustly dismissed can pursue both statutory complaints and common law damages in court.
Additional Steps in Manitoba
For statutory complaints about termination notice or pay in lieu, file with the Employment Standards Branch within 6 months of your last day. For common law wrongful dismissal damages beyond statutory minimums, you must sue in court — the Manitoba Court of King's Bench handles these claims. The Law Society of Manitoba Lawyer Referral Service at 204-943-2305 can help you find a lawyer.
Relevant Law: Employment Standards Code, CCSM c. E110, ss. 61–67 (Termination of Employment); Bardal v. Globe & Mail Ltd., 1960 CanLII 294 (ON SC)
Common Questions
When does wrongful dismissal apply?
You work for a federally regulated employer.3+ months of service for notice rights.12+ months of continuous service for severance pay and unjust dismissal protection.Not available to managers or workers covered by a collective agreement (union contract).
What should I do if I think my Canadian employer fired me without just cause?
File your complaint within 90 days of being dismissed — this deadline is strict and cannot be extended.Keep your termination letter and Record of Employment (ROE).Request written reasons for your dismissal — your employer must provide them within 15 days of your request.
What mistakes should I avoid with wrongful dismissal?
Don't sign a release or settlement without fully understanding what rights you're giving up. Consider getting legal advice first.Don't miss the 90-day deadline — once it passes, you lose your right to file.Don't assume any reason is just cause. The law sets a high bar for employers to prove they had a good reason to fire you.
Wrongful Dismissal in other states
Same topic, different jurisdiction. Pick the one that applies to you.