Employment Law Basics in Ontario

Notice of Termination

Most employees in Ontario are entitled to advance notice of termination — or pay in lieu of notice — based on their length of service. Under the ESA, the statutory minimum is:

These are minimums. Common law entitlements (determined by courts) are often far greater — sometimes one month per year of service for long-tenured employees.

Severance Pay vs. Termination Pay

Termination pay is pay in lieu of notice (above). Severance pay is separate and applies only when an employer has a payroll of $2.5 million or more and the employee has 5+ years of service. Severance is calculated at 1 week per year of service (up to 26 weeks).

What Is Wrongful Dismissal?

Wrongful dismissal does not mean your firing was unfair — it means you were let go without adequate notice or compensation. It is not the same as "unjust dismissal," which applies only to federally regulated employees.

• You may have a wrongful dismissal claim if you were given less notice than required by common law.
• Constructive dismissal — where your employer unilaterally changes your job significantly — is also actionable.
• Claims can be filed at the Ontario Labour Relations Board or pursued in Small Claims / Superior Court.

Just Cause for Termination

An employer can terminate "for cause" (without notice) in serious circumstances — theft, fraud, repeated misconduct after warning, or willful neglect of duties. The bar for just cause is very high in Ontario courts. A single mistake rarely meets the threshold.

Filing an ESA Complaint

1. First, attempt to resolve directly with your employer in writing.
2. File a claim with the Ministry of Labour, Immigration, Training and Skills Development online.
3. An Employment Standards Officer investigates. No lawyer is required at this stage.
4. If unresolved, the matter proceeds to the Ontario Labour Relations Board.

When to See a Paralegal or Lawyer

A licensed paralegal can assist with ESA complaints and Small Claims Court employment matters up to $35,000. For larger claims or Human Rights Tribunal applications, a lawyer is recommended. Either way, get advicebefore signing any separation agreement — once signed, you may waive significant rights.