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Can employees choose to take their employer to court for wrongful dismissal rather than filing a claim with the Ministry of Labour?

April 26, 2017claim Court dismissal employees employer filing labour ministry wrongful

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Can employees choose to take their employer to court for wrongful dismissal rather than filing a claim with the Ministry of Labour?

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An employee can choose to sue an employer in a court of law for wrongful dismissal. However, an employee can’t sue an employer for wrongful dismissal and have a claim for termination or severance pay investigated by the ministry for the same termination or severance. The employee must choose one procedure or the other. Please refer to Your Guide to the Employment Standards Act “Termination of Employment”, and “Severance Pay”.