Wrongful dismissal occurs when an employer terminates an employee without adequate notice or pay in lieu. Canadian employees are protected by both statute and the common law.
Statutory Minimums vs. Reasonable Notice
Employment standards legislation in BC and Ontario sets minimum notice based on length of service. These are a floor. The common law typically entitles employees to significantly more — called reasonable notice.
The Bardal Factors
Reasonable notice is assessed using factors from Bardal v. Globe & Mail Ltd. (1960): character of employment, length of service, age, and availability of similar employment. For long-service or senior employees, reasonable notice can reach 18–24 months or more.
Constructive Dismissal
An employer need not formally terminate you to trigger a claim. A fundamental unilateral change to your terms — significant pay reduction, demotion, intolerable work conditions — may constitute constructive dismissal.
Just Cause
Employers claiming just cause bear a high burden. Minor performance issues or vague allegations rarely meet the threshold Canadian courts apply.
Act Quickly
The basic limitation period in BC and Ontario is two years from termination. Do not sign any release without legal advice.