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Question about owed Job termination pay under ESA (Ontario)?
Employer terminated me in January without giving me any notice or pay in lieu, and at that time my employer first gave me termination letter and shortly (in 15 minutes) forced me to resign and I was under duress submitted resignation letter and employer relied on my resignation letter, on my ROE employer noted "resigned". And then I filed union grievance, employer denied the dismssal and emphasized I resigned. So whether I resigned or was dismissed was in dispute. Eight months later in Sept, labour arbitrator decision ruled that I was terminated not resigned and also arbitrator held that employer terminated me because of my illness and there was no big fault on my part. Arbitrator awarded me $8000 tax-free damage for discrimination damage and that's it, no job back and lost wage or ESA penalties. And at the time of termination I had worked about 4 months which the ESA was operative. My question is: now arbitrator's decision becomes final for the dispute. And I lose my job for good, I am not belong to any union or company. In this circumstance, how can I get my money compensation under ESA? Can I sue employer to human rights tribunal again? because the remedy is too little and not fair at all.
3 Answers
- Anonymous1 decade agoFavorite Answer
These are unusual circumstances so I can not give you a definite answer. My thought is that since you only worked there for 4 months, that you are not entitled to pay in lieu of notice. If anything, you might be entitled to one week's pay. You may want to consider small claims court.
- Anonymous1 decade ago
You're situation is very unique so I can't say. You need an employment lawyer But I realize you probably don't have the money for that. Normally their first appt. is free though.