Employment law in Canada operates on two tracks: statute and common law. Understanding both is essential to knowing your rights when a workplace relationship goes wrong.
Minimum Standards Legislation
Every employee in BC and Ontario is protected by minimum employment standards regardless of what their contract says:
- BC: The Employment Standards Act, RSBC 1996, c 113, governs minimum wage, hours of work, overtime, vacation pay, and termination pay for employees in provincially regulated industries.
- Ontario: The Employment Standards Act, 2000, SO 2000, c 41, provides similar protections and applies to most Ontario workers.
- Federal: Employees in federally regulated industries (banking, telecommunications, interprovincial transport) are governed by the Canada Labour Code, RSC 1985, c L-2.
Wrongful Dismissal
At common law, employees are entitled to reasonable notice of termination (or pay in lieu). The amount of reasonable notice depends on the factors set out in Bardal v Globe & Mail Ltd (1960), 24 DLR (2d) 140 (Ont HC): age, length of service, character of employment, and availability of similar employment. For long-service or senior employees, reasonable notice can reach 24 months or more.
Employees who resign due to a unilateral and fundamental change to the terms of their employment may have a claim for constructive dismissal — treated as a termination at common law.
Just Cause
An employer who terminates an employee without notice must establish just cause — serious misconduct that goes to the root of the employment relationship. The standard is high. Minor infractions, poor performance without progressive discipline, and single incidents are rarely sufficient.
Human Rights and Workplace Harassment
The BC Human Rights Code, RSBC 1996, c 210, and the Ontario Human Rights Code, RSO 1990, c H.19, prohibit discrimination and harassment on protected grounds (race, sex, disability, age, and others) in employment. Complaints are filed with the BC Human Rights Tribunal or the Human Rights Tribunal of Ontario respectively. Remedies include lost wages, general damages, and orders to change workplace practices.
Limitation Periods
The general limitation period for civil employment claims (including wrongful dismissal) is 2 years from the date of dismissal under both the BC Limitation Act, SBC 2012, c 13, and Ontario’s Limitations Act, 2002. Human rights complaint timelines differ — typically 1 year from the last incident in BC and Ontario.
What to Do If You Are Terminated
- Do not sign a release without legal advice — releases are typically irrevocable.
- Preserve all records: employment contract, performance reviews, correspondence, and any documents relating to the termination.
- Get a clear written statement of the reason for termination.
- Consult a lawyer promptly — limitation periods are strict.
This article is for general informational purposes and does not constitute legal advice. Employment law is highly fact-specific. If you have been terminated or are facing a workplace dispute, contact us to discuss your situation.