Unjust Dismissal Response - First Step for Bank Employees
Neufeld Legal P.C. can be reached by telephone at 905-616-8864 / 403-400-4092 or email Chris@NeufeldLegal.com
As a Canadian bank employee fired from your banking job, allegedly for cause, one of the first steps that you might look to take by way of a responsive legal action against your former bank employer is to file a claim for unjust dismissal with the Labour Program of Employment and Social Development Canada (the "Labour Program"). An unjust dismissal is when a bank employer ends the employment of a bank employee for reasons that are unfair or wrong (with the legal threshold to justify firing a bank employee being quite high).
Although important, this is but one part of a more comprehensive legal strategy that fired bank employees need to fully consider, preferably with experienced legal counsel, which entails the filing of a complaint with the Labour Program within 90 calendar days of being dismissed. (1, 2, 3) After the complaint has been filed with the Labour Program, a Labour Affairs Officer from the Labour Program will attempt to facilitate a negotiated settlement of the complaint between the former bank employer and the fired bank employee. If those negotiations are unsucessful, the complaint can be sent to the Canada Industrial Relations Board (the "Board") for formal adjudication by the Board.
A fired bank employee can file an unjust dismissal complaint with the Labour Program provided the following conditions are satisfied:
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The bank employee has been dismissed from employment in a federally regulated bank.
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At the time of the dismissal, the fired bank employee had worked for the bank employer for at least 12 months.
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The bank employee was not a manager. Managers cannot claim unjust dismissal under the Canada Labour Code [more for bank managers and senior bank employees]. (4)
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It has been less than 90 calendar days since the bank employee was dismissed. (5)
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The bank employee is not represented by a union.
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The bank employee has not filed a reprisal or a genetic testing complaint based on the same facts as their unjust dismissal claim or if they have, they have withdrawn it.
And as any knowledgeable bank employee is well aware, when an unjust dismissal complaint is filed with the Board, the accused bank is going to be utilizing their internal human resources and legal teams, together with their high-priced external law firms, to make every effort to refute your allegations as to an unjust dismissal and support their prior employment actions, including minimizing any potential that they might have to pay the fired bank employee for their improper actions.
As such, this is but a single step in what should be a comprehensive legal strategy that is undertaken by a knowledgeable employment lawyer who has a strategic plan that not only represents you through the procedures made available through the Canada Labour Code, but also has more extensive strategic legal plan to advance the fired bank employee's legal position and pursue the legal rectifiction of an employment situation that in most instances did not necessitate the outright firing of the bank employee. .
If your bank employment has been abruptly ended, especially where the bank is alleging that you are fired for cause, you should seek out knowledgeable legal counsel, irrespective of the bank's allegations. Instead of placing your faith in the bank's self-serving reasons and limited interpretation of the law, contact our law firm to schedule a confidential initial consultation with a bank employment lawyer via email at Chris@NeufeldLegal.com or or by telephone at 905-616-8864 (for employees in Toronto and southern Ontario) or 403-400-4092 (for employees in Calgary and Alberta).
(1) You cannot file an unjust dismissal complaint if you have already filed a reprisal complaint, or a genetic testing complaint based on the same facts as your unjust dismissal complaint. If you prefer to file an unjust dismissal complaint, you must first withdraw your reprisal or genetic testing complaint. Your unjust dismissal complaint still needs to be filed within 90 calendar days of your dismissal so you must be careful not to miss the filing deadlines.
(2) If your unjust dismissal complaint is about a health and safety reprisal, you must file a health and safety reprisal complaint. For more information about health and safety reprisal complaints, click here.
(3) If your unjust dismissal complaint is related to a human rights issue such as discrimination because of your race, religion, age, disability, or family status, it is important that you also file a complaint with the Canadian Human Rights Commission. This is important because the Board may not be able to deal with your unjust dismissal complaint that raises human rights issues without a referral letter from the Canadian Human Rights Commission.
(4) The Labour Program of Employment and Social Development Canada suggests that if you are not sure whether you were a manager, that you should err on the side of filing your complaint within the 90-day deadline.
(5) The Labour Program does indicate that in specific circumstances the 90-day deadline could be extended. If you need an extension, you must request one from the Labour Program and explain why you were unable to file on time. The Labour Program will decide whether to accept your complaint. .
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