When is it illegal to dismiss an employee?

Generally speaking, an employer can dismiss a non-union employee without cause at any time and for any reason as long as the reasons are not contrary to legislation.

Under the Ontario Human Rights Code, it is illegal to terminate an employee based on a prohibited ground of discrimination. Specifically, it is illegal to terminate an employee on the basis of disability, family status, race, religion, sex, marital status, gender identity, and other specified immutable traits.

One of the most common infractions is when an employer fires an employee on account of a physical or mental health disability or they require accommodations related to their disability.

Another common infraction occurs when an employer fires an employee because the employee needs time away from work due to significant caregiving obligations in connection with ailing parent or a child.

Under the Employment Standards Act of Ontario and the Occupational Health & Safety Act, it is illegal to terminate an employee because they are exercising their rights under those statutes.

If an employer dismisses an employee for reasons that are contrary to legislation, the employee may be entitled to a variety of remedies including compensation for lost income, punitive or bad faith damages and reinstatement where appropriate.