- November 29, 2023
- Posted by: legaleseblogger
- Category: Related News
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EMPLOYMENT TERMINATION WITHOUT CAUSE: SEEKING LEGAL RECOURSE AND HELP IN FILING HUMAN RIGHTS COMPLAINTS (SELF-REPRESENTED)
Last year, just before Christmas, my employment was terminated without cause, leaving me with little time to file any legal claims. I sought advice from a Human Rights (HR) Lawyer who believes that I have either an HR case or a wrongful dismissal case. Due to financial constraints, I am unable to hire a lawyer at this time. Hence, I have decided to pursue the HR route and need an informed answer on whether I have to file in both jurisdictions or not, particularly in Ontario where my former employer is located. The lawyer I consulted was unsure, and it is crucial for me to know the right steps to take.
AI Legalese Decoder can help by providing guidance through legal jargon and processes related to filing human rights complaints in Ontario and Alberta. Additionally, the tool can assist in understanding the relevant laws and identifying potential grounds for discrimination, thereby helping to strengthen the case.
As I explore my options, itÔÇÖs important to understand the complexities involved in the legal proceedings in different jurisdictions. The Alberta Human Rights Commission has provided straightforward forms and instructions for filing complaints, making the process relatively easy. On the other hand, Ontario’s system seems convoluted, and contacting them for assistance has proven to be unfruitful.
Given the circumstances, I am reaching out to anyone with experience or knowledge of the process to seek guidance on filing human rights complaints in Ontario as a self-represented individual. Any tips or firsthand experiences would be greatly appreciated.
To provide some context, my termination occurred after I informed the HR Manager about historical pay inequality at the workplace, particularly in relation to gender. Subsequently, my employment was terminated without cause, while a job posting for my former role with a different team was publicly released on LinkedIn. The severance package offered to me was minimal, indicating a reluctance to negotiate and resolve the matter amicably.
In constructing a human rights complaint, I have identified three critical factors required for a successful case: a protected ground of discrimination, adverse treatment, and causation. These elements align with my situation, as my disability was a protected ground and a factor in my termination. Additionally, the gross gender disparity in pay, although beyond the one-year limit for an HR complaint, will be documented as relevant information.
As I navigate the legal process, it is essential for me to determine whether I need to file a human rights complaint in Ontario, where my former employer is located. Additionally, any insights or tips for filing human rights complaints in Ontario, particularly as a self-represented individual, would be invaluable in helping me seek justice and remedy for the unjust termination of my employment.
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To clarify, does your employer have offices in Alberta? Does your work produce a product that is used in Alberta? Does your employment contract refer to Alberta law as the governing jurisdiction of its terms?
EDIT: from a Mondaq article on the subject:
“Typically, in Canada, the employment relationship is governed by the law of the province or territory where the remote worker is physically located and where the work is performed. In Ontario, the Employment Standards Act, 2000 (“ESA”) applies where:
the employee’s work is to be performed in Ontario; or
the employee’s work is to be performed in Ontario and outside Ontario but the work performed outside Ontario is a continuation of work performed in Ontario.
If an employee has a home base in Ontario but travels outside of Ontario in the course of their employment, the employee is likely still subject to the ESA as their work outside of the province is a continuation of their work performed in Ontario. In contrast, the Alberta Employment Standards Code would ordinarily govern the employment of a remote worker who physically lives and works exclusively in Alberta, but has been hired by an Ontario-based employer.”
You were physically located in Alberta when working so Alberta law applies. When you were terminated did you sign a release saying you weren’t going to sue or file any complaint under any act?
Might be a bit of an uphill climb to show that th ey laid you off based on a medical ground after they allowed your leave. It sounds like they let you go on the leave and provided whatever benefits were attached to that and then terminated without cause when you got back. It would be much stronger if they had terminated you before the leave, but they probably knew that.
In the future, when HR asks for input, they donÔÇÖt actually want to hear grievances. Especially ones that involve talking about the pay of others, which isnÔÇÖt protected in Alberta. You painted a massive target in your back.