Entitled to Termination Pay
If you have been working for your current employer for more than six months, it is important to understand the basic regulations that govern dismissal and who is eligible to receive payment during redundancy. It is worth bearing in mind at the outset that the Toronto Employment law does not lay down a definition of who is entitled to severance pay. There are however some key factors that an employee must be able to prove to be entitled to payment. These include the fact that they have worked for the same employer for more than six months and that the employers has chosen not to offer them any kind of employment whatsoever.
This all sounds very simple. However, if the employee cannot point to this criterion to prove their entitlement to payment then they will have to work extremely hard to establish that they are entitled to any payout at all. The process of establishing who is entitled to termination pay can be extremely difficult for an employee. In most cases the employers will simply block any payment to the employee pending the conclusion of an investigation into their dismissal. This means that the time-consuming and often frustrating process of trying to prove that you have been unfairly dismissed is avoided altogether. This is of great value to employees whose right to compensation has been interfered with as a result of having their rights infringed upon.
When an employee makes the attempt to establish their entitlement to compensation through the employment tribunal they will be expected to provide documentary evidence that they have been employed by the employer for six months or more. The employer will also be expected to provide copies of pay slips that they have provided to them. These slips will need to be produced even if there is any disagreement between the employee and the employer as regards the period of employment. It is highly likely that the employee will lose their case if the employer is seen to be trying to avoid paying out any workers compensation awards that they may have awarded. If this happens the employee may be entitled to claim legal costs from the employer.
Employment law Toronto Who is Entitled to Termination Pay?
It is important to remember that the only people that really lose out when there is a dispute over payments due to a workers compensation claim are the employer. Their insurance company will cover the cost of their claims, but will not cover the cost of legal fees. In most instances the insurance company will try to cut any costs that it can by paying out in court. It is highly likely that an employer will not wish to spend their money fighting a compensation case that will not likely bring them any benefits. It is also likely that the employer may feel that they need to cut costs to keep their workers covered. They may therefore agree to settle out of court.
However, if the employer refuses to settle the matter outside of court the employees are likely to feel aggrieved. The fact that the employer is afraid of being ordered to pay out may mean that they are prepared to go to extreme lengths to avoid having to pay out. For this reason it is very important to get advice early on who is entitled to termination pay. If you are an employee that has been injured at work it is possible that you could receive unfair treatment because you are unable to speak for yourself in a court of law.
It is also possible that the employer has simply chosen not to know who is entitled to workers compensation. It is often difficult to determine whether or not you have been injured at work because the rules of the workplace are often different from place to place. Different laws apply in every country, and it can be very confusing. Therefore, it is advisable to get advice early on, when it is still possible to do so.