What is an unlawful reason to terminate the Employment Relationship?

An employer cannot terminate an employee’s employment for reasons that are prohibited by statute. Employment-related statutes, for example, the Human Rights Code or the Employment Standards Act, the Occupational Health & Safety Act, or the Workplace Safety & Insurance Act prescribe various restrictions on an employer’s right to dismiss an employee.

Under the Ontario Human Rights Code an employer cannot terminate an employee based on a prohibited ground of discrimination, for example, on the basis of one’s race, religion, disability, gender, sexual orientation or gender identity.

Similarly, under the Employment Standards Act and the Occupational Health and Safety Act, an employer cannot terminate an employee’s employment as a retaliation for exercising their rights under the legislation.

Under employment standards, if an employee has taken a job protected leave the employer may be prohibited from terminating the employment relationship and is legally required to bring them back.

There are a variety of reasons and circumstances in which a termination is carried out unlawfully, and the employee may be entitled to a variety of remedies, including wage lost compensation and potentially reinstatement to their job.