Wrongful Dismissal in Ontario
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 Ontario differs from federal law
Ontario provides two layers of termination protection: statutory minimums under the Employment Standards Act, 2000 (ESA) and additional common law reasonable notice.
- Under the ESA, if you have been employed for 3 months or more, your employer must give you written notice or termination pay: 1 week per year of employment, up to a maximum of 8 weeks.
- If your employer has a payroll of $2.5 million or more and you have worked there for 5 or more years, you are also entitled to severance pay: 1 week per year of employment, up to 26 weeks. Severance pay is on top of termination pay.
- The common law (court-developed rules) often awards much more than the ESA minimums. Ontario courts regularly award reasonable notice of up to 24 months, depending on age, length of service, position, and availability of similar work (the Bardal factors).
- Your employer cannot fire you for exercising ESA rights, filing a WSIB claim, taking pregnancy or parental leave, or refusing unsafe work. This is called reprisal and is prohibited under section 74 of the ESA.
- Employers may be liable for constructive dismissal if they make major changes to your job (pay cut, demotion, forced relocation) without your consent.
Additional Steps in Ontario
For ESA complaints (termination pay, severance pay, reprisal), file a claim with the Ministry of Labour within 2 years. For common law wrongful dismissal (seeking damages beyond ESA minimums), you must sue in court — the Ontario Superior Court of Justice handles these claims. Important: filing an ESA claim may affect your right to sue for common law damages, so consider consulting a lawyer before choosing your path. The Law Society of Ontario referral service (1-855-947-5255) provides free 30-minute consultations.
Relevant Law: Employment Standards Act, 2000, S.O. 2000, c. 41, ss. 54–65 (Termination and Severance), s. 74 (Reprisal); 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.
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