Ok, my GF got fired today from her job and I'm going to help her research the laws and file a wrongful dismissal case.

Here's the circumstances.
The job is non-unionized, so going to the Union is out of the question.

She was fired because she showed up at 12:00 one day, thinking that's when she worked. Somehow, she made a mistake and she was supposed to start at 8:00 am, 4 hours earlier. No big deal right, this is the first time she's ever done that, so she apologizes and says it wont happen again. They fire her for doing it.

Three days prior, another employee (one of the managers favorites) does the same thing, except he didn't show up at all. He thought he worked friday when in fact he worked Thursday, so he didn't show up or call or anything. He's still working there, and in fact, him and the managers were joking about it.

She got fired because her and one of the managers do NOT get along. They hate each other with a passion and it shows.

She was never written up for this behaviour, not now and not in the past either. She was never warned either. She basically made one mistake and without warning, they fired her.

I work there too, so trust me when I say this, the facts above are that; FACTS! There is no other side to this story, trust me when I say that.

So, anyone know the laws or the official government website relating to this? Anyone know a number which I can call? Anyone have any advice that's correct, not guessing? She wants to fight this with every ounce of energy she has and I'm going to help her.

Thanks in advance.

ps. I don't want you guys to research it for me or do the work for me, I just need somewhere to start. A website or a phone number would be great, or if someone knows the laws, please inform me as to what they are.

Criminal laws are my area of expertise, but I don't know jack crap about labour laws.

shane you comment about the guy missing work should be enough
it there not a labour board in kingston?
if so you can call and ask them
they sould have to BY LAW treat each employee equal


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For sure, call the labour board.

If you had a union that would be a cakewalk... I don't entirely know the procedures for a non-union shop... Definitely call the Labour Board though. I'm not sure you can use the manager's favorite employee as your argument, however... because it's completely not related.

If you can, it's an easy case. She was discriminated against. Based on what, the Labour Board would know more about that. There was a similar case at my work, but we're unionized.

Also, i'm not sure if they're required to give some kind of warning (verbal or written) prior to termination. Also something to look into...







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My father is a labour lawyer, ill try to remember to ask him when I get a chance..





***Thanks again to stargrrrl***

I just happen to be a manager at a company in Toronto. This results in me having to take drastic action sometimes (which I hate).

In the case you mention, depending on how long she has been working there, they are required to provide her a 2 week pay. Basically they call it a payout. If a company PAYS you out, you have no rights. If they fired you after the 3 month probation and you were never written up or for that matter notified of an on going issue with your performance, you should be able to win your case. My first call would not be to a lawyer but the labour board.

Trust me when I say the company will panic if they know they did wrong. This could mean a payout more generous than the typical 2 weeks.



SoupMan

- and no, 'Soup' in SoupMan does not stand for Soup Up but for 'Soup' as in Lipton 'Soup'. -

I would call the labour board.. then contact your local newspaper....

then tell them you don't want to work there because of this insident and they will continue to treat you like crap and find excuses to fire you..........

no need for a lawyer....


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What company do you you guys work for? Check with human resources if your company has this dept. then contact those appropriate people. Often times the ministry of labour will not get involved, but they can provide an endless amount of resources, check www.gov.on.ca. Good Luck

All the labour laws are on the site that "tngtoronto" gave you. I managed at a large retailer for 3 plus years I've been with them for 7 plus (I'm on parental leave right now), we don't have a union. If your gf has not been there more than 3 mths she has no grounds with the labour board. She'd have to go to a lawyer and use the equality/discrimination angle. Now if she'd been there more than 3 mths she does have grounds to go to the labour board. "soupman" is exactly right, in the past (pre2000) this happened at at my employer and law suits and labour board issues came out of it. We now have one hell of a Human Resource Dept. (they have more power than the store manager). In order for us to let someone go after 3 mths we have to have tonnes of documentation and witnesses to every incident. We also have to involve all levels of management and Human Resources. And lastly EVERYONE under that manager has to be treated the same and in some cases the whole store. So that means that if I did what your GF's manager did in regards to letting her go and letting the other person get away with the same thing I wouldn't have a legal leg to stand on. At my employer I'd be fired for discrimination for doing that. In regards to the managers "pet" part (not showing up / getting the days confused) she can use it, that shows a lack of equality. But don't mention the "pet" part she doesn't need to and it could work against her.

Keep us posted, Jason





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What is going to be very important, is their decision of what they write on the Empoyment record, as it pertains to the dismissal. (Ie: unfit for position, etc.)

Also, the company can go the route of paying out the 2 weeks, and get off that way.

Bottom line is.. wait for the Employment record, and you'll know where to go from there..

If you give them the leg up, and they know you are going to stir something up.. they will prolly just pay the 2 weeks out, and steer clear.

If this is a major company (ie: Futureshop/Bestbuy/alike) you are going to have a rough time.. as there are statutes that allow them to claim clerical errors on why the 2 weeks didn't get paid, etc. if they do decide that way..

Anyhow.. wait for the Employment record (expedite if possible), and then consult with the labour board, and further, if warranted, a lawyer will consult with you for free to see if you have a leg to stand on.

Just my 0.02.


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