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, you should immediately ask your shop steward or other union representative to 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 BC or federal human rights tribunal could order that you be reinstated, along with lost pay and other remedies. See “Human Rights” in this Guide for further information.

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 3 of the Canada Labour Code to order that you be reinstated, along with lost pay and other remedies. See below.

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.

Employment Standards Complaints

As discussed regarding unpaid 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 BC Employment Standards Branch. The process is similar to the process for collecting unpaid wages.

Federally regulated employer

You are entitled to at least two weeks' notice or to two weeks of severance pay in lieu of notice once you have completed 3 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 described above for unpaid wages. 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:

• Human Resources and Skills Development 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.