3,220
edits
Difference between revisions of "I Have Been Dismissed (Fired) without Just Cause"
From Clicklaw Wikibooks
I Have Been Dismissed (Fired) without Just Cause (view source)
Revision as of 00:49, 19 January 2012
, 00:49, 19 January 2012no edit summary
| Line 1: | Line 1: | ||
{{Template:Legal Help Guide TOC}}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: | {{Template:Legal Help Guide TOC}}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 | * '''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. | ||
* '''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 | * '''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. 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. | * '''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 to order that you be reinstated, along with lost pay | * '''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 to order that you be reinstated, along with lost pay. | ||
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 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.) | ||
