What are Your Rights If You Lose Your Job
March 27, 2018If you have lost your job, but believe that the dismissal is illegal because the employer does not comply with labor law, criminal law firms toronto is here to help you with that.
What can you do?
One has the right to challenge the lawfulness of the dismissal before the employer or the court by asking:
Recognition of the dismissal of an offense and its revocation;
Restore the previous job;
Compensation for the time during which they were unemployed due to the dismissal;
Correction of the grounds for dismissal entered in the employment book or other documents.
How and within what period can one file a claim for unlawful dismissal?
One can make the first claim, combine it with some of the others, or put all the claims together. They can bring actions in a single application, in which they must explain why they consider the dismissal to be illegal.
The employer can revoke the order for dismissal by himself before submitting his claim to the court. If he does not do so, you can make a claim within 2 months of termination of the employment relationship.
The law allows you to choose where to bring the claim:
1. To the District Court at the permanent address or registered office of my employer.
2. If, however, it is more convenient, you can bring the case to the district court where you usually work.
The application will be reviewed within 3 months. It is important to know that labor proceedings are free of charge for employees, but if you lose the case, you will have to pay the costs that the defendant has done.
The time when you were out of work due to dismissal, which is recognized as illegal, will be taken into account for both employment and social security. For this period, the employer will have to provide you.
Restore previous work
When the court acknowledges the dismissal as unlawful and orders to resume work, the person will also be served with a notice of a return to work. The defendant will be able to take up their position again if they appear to work within 2 weeks and present the message unless their delay is due to valid reasons. If the employer does not allow them to work, they will pay a salary from the date of the appearance until the actual admission. When the position of the defendant is already occupied, the employer will either have to release the newly appointed person to restore them to work or to keep them both as employees. Illegal dismissal deprives the defendant of the income they get through the employment relationship and makes them feel the need to look for a new source of funds. For this reason, along with the claim for recognition of the dismissal, they can also claim compensation for the loss of work.
Source : http://www.cross.tv/blog/91641
