legal suit change Federally Regulated Employee severance pay
Federally Regulated Employees work in a wide variety of industries, including banking, telecommunications and the public service. These workers are governed by the Canada Labour Code (CLC), which sets out their basic labour and workplace rights. Among these rights is the right to severance pay. In addition, they are entitled to a reasonable amount of severance pay if they are involuntarily terminated.
While these Federally Regulated Employee severance pay amounts can vary, they are generally designed to help employees manage their transition from one job to another. Severance packages can help with job search costs, the continuation of health benefits and retraining, among other expenses. They can also help maintain positive employer-employee relationships.
Whether you’re a salaried or hourly telecommunications employee, you might be entitled to overtime pay if you exceed eight hours in a day or 40 hours in a week. If you are not receiving overtime pay, it is a violation of the CLC and could lead to legal action.
Can a legal suit change Federally Regulated Employee severance pay?
A telecommunication employee severance pay who is terminated for not attending training sessions, refusing to get the COVID-19 vaccine or failing to perform required duties might be able to file a wrongful termination lawsuit. The plaintiff would be able to claim lost wages, loss of earning potential and other damages. The employee’s lawyer would be able to determine if the employer has sufficient evidence to prove these allegations.
In addition to severance pay, telecommunications employees are likely eligible for statutory vacation and holiday pay. They also have the right to maternity and parental leave, and family medical leave. The amount of severance pay an employee receives can vary depending on their position, seniority and length of service. In some cases, the severance pay can be deferred over several years to lessen the proportion that must be paid in taxes.
Just as with temporary layoffs, it is important for federally regulated employees to consider all of the consequences before accepting any significant changes to their employment. If an employer attempts to introduce a change to the pay, position or title, job responsibilities, schedule, or any other major aspect of the role, this might be considered constructive dismissal and the employee might be owed severance pay and additional damages.
These new graduated notice of termination requirements do not impact the unjust dismissal protections in division XIV of the CLC for non-unionized employees. This section allows non-managerial federally regulated employees who have worked for 12 consecutive months to challenge their dismissal and seek reinstatement.
These challenges go before the Canada Industrial Relations Board, which has broad powers to grant a wide range of remedies including monetary compensation and equitable relief, such as reinstatement. If you believe you’ve been unfairly dismissed, it is important to speak with an experienced employment lawyer. At Samfiru Tumarkin LLP, we can review your case and help you decide the best course of action moving forward. To learn more, call us at 647-495-0759. We offer free initial consultations for all employment law matters.
