Victim of a dismissal?
You are the victim of a dismissal and you do not know what to do if you are summoned for this dismissal? Decoding
What to do in case of dismissal in Quebec?
Important: It is essential to be assisted by a person of your choice who will write a report in order to prove what was said during the preliminary interview.
You can be accompanied by
- Either by a member of staff or a staff representative: this possibility which must be imperatively mentioned in the letter convening the preliminary interview.
- Or by the advisor of your choice who has been registered in advance on one of the lists proposed by the section of the labor inspectorate competent for the establishment or by the town hall of your place of residence.
The aim is to gather all the necessary evidence to be able to contest the grievances that the employer will use against you and that he will present to you during the preliminary interview.
As soon as you receive the letter inviting you to the preliminary interview, you must
Think about gathering and constituting all possible evidence concerning the quality and reality of your work in order to demonstrate that you have not committed any breaches.
Be prepared to present your line of defense during the interview with your employer.
For the record, there are two main types of dismissal:
– Dismissal for simple misconduct: this involves misconduct by the employee in the exercise of the employment contract which authorizes the employer to dismiss him/her for simple misconduct with notice (repeated and unjustified absences, cash register errors etc). In the case of a dismissal for misconduct, the employer must prove, if you contest it before the industrial tribunal, the reality and the materiality of the grievances you are accused of and which constitute the misconduct at the origin of the dismissal for misconduct.
– Dismissal for serious misconduct: this is a misconduct that is sufficiently serious to lead to the immediate termination of the employment contract without serving the notice period (refusal to carry out an assignment, insulting the employer, a client or an employee, abandoning one’s post, etc.).
It is up to the employer to prove serious misconduct before the industrial tribunal and, in the absence of proof of serious misconduct on his part, the dismissal for serious misconduct may be contested and judged as abusive.
What compensation is available for a dismissal considered as unfair?
Three types of compensation are possible in the event of unfair dismissal:
– Compensation for notice.
This component of the dismissal indemnity varies in several specific cases:
– In the event of dismissal due to professional inaptitude, you may be entitled to a compensatory indemnity.
– If the dismissal for inaptitude is of non-occupational origin, you cannot receive compensation because no notice period has been served.
– In the case of a contractual termination, there is no notice period to be served and therefore no compensatory indemnity.
– Damages for dismissal without real and serious cause, or abusive dismissal.
The amount of damages will be established according to elements such as your seniority, the amount of your salary or the prejudice that it will be possible to demonstrate before the industrial tribunal.
– Separate damages for breach of the obligation of safety of result.
These damages will be obtained in cases where it can be demonstrated that the employer has worsened the working conditions and that this worsening has resulted in the deterioration of the employee’s health.
Should I opt for an economic dismissal or a conventional rupture?
Economic dismissal is always more favorable.
When your Pôle emploi rights are opened:
– If your employment contract has been terminated by means of a conventional rupture, you will receive an indemnity of 50% of the average gross salary that you were receiving from your previous employer.
– If your employment contract has been terminated through an economic dismissal, the allowance will be equal to 80% of the gross salary and a reclassification unit will be established by the employment office.
Thus, their service will give you access to a one-year support to try to find a suitable reclassification solution.
If you find a job that pays less than your previous job within a year, Pôle emploi will pay you a differential indemnity to compensate for the loss of salary.
Are you the victim of a dismissal?
Labor law is governed by very strict rules and procedures that your employer is required to follow.
If you are an employee of a company and you have a dispute with your employer, it is often useful to check that your employer respects all the rules applicable to your case.
In many cases, and when these rules are not strictly respected, you may be entitled tocompensation.
We put at your disposal the best lawyers specialized in labor law members of our network to carry out this verification and defend your rights in order to win your dispute.
What is the procedure ?
The quebec law provides that this type of procedure be launched before state or municipal structures such as the Conseil des prud’hommes.
Before this type of jurisdiction, the average time to resolve a dispute is about 15 months.
How do our solutions work?
Our service is delivered in 3 steps:
1 – Sending your request and study of your file
At this stage, the copy (.pdf) of the elements useful to the good understanding of your dispute will be necessary to proceed to the analysis of your file:
- Copy of your employment contract, endorsements, contractual termination etc.
- all the evidence that can support your claim: letters, e-mails, testimonies, etc.
- And if your dispute has already been the subject of a procedure, a copy of the decisions/judgments rendered.
2 – Delivery of an initial analysis of your case
This free and detailed analysis aims at defining the possibilities of action of your file and to define the chances of success.
3 – Support for your legal action
If necessary, we then offer you support in the implementation of your legal action, in partnership with our network of specialized lawyers.
