I Have Been Dismissed (Fired) without Just Cause

The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can't require that you get your job back. There are exceptions, however:

• Union members: If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can order that you be reinstated, along with back pay and other remedies.
• Human rights violations: If you believe that you've been fired because of your race, political belief, religion, marital or family status, physical or mental disability, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could order that you be reinstated, along with lost pay and other remedies. See "I am being discriminated against or sexually harassed" in this Guide.
• Health or safety complaints: If you believe that you've been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a "discrimination" complaint with the WCB (WorksafeBC). The WCB can order that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal.
• Federally regulated employees: If you have been fired after being employed in a federally regulated industry for 12 months or more, you can ask an adjudicator appointed under Part three of the Canada Labour Code to order that you be reinstated, along with lost pay and other remedies.

If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive reasonable notice before your employment ends, or pay for the period of reasonable notice.

The minimum notice requirements depend on whether your employer is federally or provincially regulated. (For a brief explanation, see "My employer isn't paying my wages" in this Guide.)

If your employer is provincially regulated, you are entitled to at least:

• One week's notice (or equivalent pay) after three consecutive months of employment.
• Two weeks' notice (or equivalent pay) after 12 consecutive months of employment.
• Three weeks' notice (or equivalent pay) after three consecutive years of employment, plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight weeks' notice (or equivalent pay).

If your employer is federally regulated, you are entitled to at least two weeks' notice or two weeks of severance pay in lieu of notice once you have completed three consecutive months of employment.

First steps

Union members:

1. If you belong to a union, you should immediately ask your shop steward or other union representative to file a grievance on your behalf.

If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive reasonable notice before your employment ends, or pay for the period of reasonable notice. You can do this by filing an employment standards complaint and/or by suing your employer for wrongful dismissal in court.

To seek pay in lieu of the required period of notice, contact the Employment Standards Branch of BC. The process is similar to the process for collecting unpaid wages.

Employment Standards Complaints

As discussed in the question My employer isn't paying my wages, you need to know whether your employer is federally or provincially regulated. Each one has minimum notice requirements for workers who have been dismissed without just cause:

Provincially regulated employer

You are entitled to at least:

• one week's notice (or equivalent pay) after three consecutive months of employment;
• two weeks' notice (or equivalent pay) after 12 consecutive months of employment;
• three weeks' notice (or equivalent pay) after three consecutive years of employment plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight weeks' notice (or equivalent pay).

To seek pay in lieu of the required period of notice, contact the Employment Standards Branch of BC. The process is similar to the process for collecting unpaid wages.

Federally regulated employer

You are entitled to at least two weeks' notice or two weeks of severance pay in lieu of notice once you have completed three consecutive months of employment. If you have worked 12 or more months, you can apply for an order that you be given your job back, along with all the pay you would have earned had you not been dismissed. You may be awarded less than your full loss of earnings depending on the facts.

To seek severance pay or reinstatement from a federally regulated employer, follow the process for collecting unpaid wages from a federally regulated employer, following the procedures in the "Payment Claim Kit" from Employment Standards (Canada) of Human Resources and Skills Development Canada (HRSDC). You must file your complaint within 90 days of the dismissal, so act quickly.

Wrongful dismissal lawsuits

If you have been dismissed without just cause, you may also sue your employer in court for wrongful dismissal. See the section of this guide entitled, “I need to take someone to court”.

Where to get help

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

• Employment Standards (Canada), for employees of a federally-regulated employer.
• Access Pro Bono, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, Private Bar Lawyers.
• Law Students’ Legal Advice Program Manual Chapter 6 “Employment Law” for useful information on unjust dismissal.

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority."

In law, (1) a written argument, or (2) a memorandum of law. A brief is usually presented to a judge as a summary of an argument or the law on a particular issue. Curiously, briefs are rarely brief.

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

In law, (2) a lawsuit, an action, or a cause of action, or (2) the wrongful act of another which gives rise to a claim for relief. See "action" and "cause of action."

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."