Unfair dismissal remedy applications
Unfairly dismissed? We handle your remedy application before the Labor Relations Commission.
We review the reason for the dismissal and the procedure followed, and handle your remedy application before the Labor Relations Commission. We ask whether you want reinstatement or monetary compensation and reflect that in the application.
What is an unfair dismissal remedy application?
It's a process for asking the Labor Relations Commission to decide whether your employer's dismissal was justified. As a general rule, it applies to workplaces with 5 or more employees ordinarily employed. If the dismissal is found to be unfair, the Commission can order reinstatement and payment of the wages you would have earned during the dismissal period. If you don't want to return, you can apply for a monetary compensation order if you meet the legal requirements.
Deadline and where to file
You have 3 months from the dismissal date. Check the deadline first.
The deadline to apply is 3 months from the dismissal date. The date you were notified and the date the dismissal actually took effect may differ. Don't count 3 months as 90 days. File with the Regional Labor Relations Commission that covers your workplace's location. Negotiating with the company or filing a different complaint with the labor office doesn't automatically extend the deadline for a remedy application.
Assessing whether the dismissal was justified
We examine whether there was a valid reason for dismissal and whether the company followed proper procedure.
Reason for dismissal
We check whether the grounds for discipline, poor performance, or business reasons actually existed. We also compare the dismissal notice with the reasons the company has given.
Severity of the action
Even if you made a mistake, that doesn't automatically justify dismissal. We look at how serious the conduct was, how it compares with past disciplinary actions, and the circumstances of your employment.
Dismissal procedure
We check whether you received written notice of the reason and timing of the dismissal, and whether the procedures in the work rules or collective agreement were followed. If the written notice rule applies to your workplace, we also examine whether a dismissal given only verbally is valid.
Comparing remedies
Do you want your job back? We apply for reinstatement or monetary compensation.
Pay in lieu of notice is a separate matter. Receiving it doesn't make a dismissal justified.
Reinstatement and back pay
You seek reinstatement to the job you had before the dismissal and payment of the wages you could have earned during the dismissal period.
Monetary compensation order
You apply for this if you don't want to return. If granted, the Commission can order an amount equal to or greater than the wages for the dismissal period. The requirements and the specific amount are reviewed case by case.
Settlement or agreement
We review the terms, including the payment amount and date, the stated reason for leaving, and any unpaid wages. You need to be clear about which rights you're giving up in the agreement and how much you'll receive.
Sobaek's practice areas
We represent you from drafting the remedy application through the Labor Relations Commission hearing.
- STEP 01
Review how the dismissal happened and which rules apply
We review the dismissal date, the number of employees ordinarily employed, your employment contract and dismissal notice, and whether you signed a resignation letter. For cases where a fixed-term contract ended, we also look at how the contract was renewed in the past.
- STEP 02
File the remedy application and respond to the company
We submit the remedy application, the statement of reasons, and evidence, and rebut the arguments in the company's response.
- STEP 03
Handle the hearing, remedy, and settlement
We prepare for and represent you at the Labor Relations Commission hearing. We confirm whether you want reinstatement or monetary compensation, and the settlement terms you'd accept. We also explain which procedure to follow, and by when, if you want to appeal the ruling. If you need representation in a lawsuit, hiring an attorney is handled separately.
What to bring to your consultation Please bring your employment contract, the dismissal notice or messages, a copy of your resignation letter if you signed one, the work rules and disciplinary records, your pay stubs, and records showing how many people work at the company.
Frequently asked questions
Find answers to your questions before a consultation.
I was only told verbally, “Don't come in starting tomorrow.” Is that a dismissal?
We look at who said it and under what circumstances, and whether you were actually kept from coming to work or doing your job, to determine whether there was an intent to dismiss. If it counts as a dismissal and the written notice rule applies, you can challenge whether a verbal notice alone is valid.
The company made me write a resignation letter. Can I still challenge it?
Writing a resignation letter doesn't settle the matter on its own. We need to determine whether you resigned of your own free will, and what pressure and circumstances led you to write the letter. Messages and conversations from before and after you wrote it are important.
Can being told my contract term has ended count as unfair dismissal?
Even if your contract term ended, we need to check whether you had a “reasonable expectation of renewal,” meaning a right to expect the contract to be renewed. We look at repeated renewals, promises the company made, and its renewal standards and practices.
If the company has fewer than 5 employees, is there nothing I can do?
Separate from whether the Labor Relations Commission's unfair dismissal remedy applies, you may have other rights, such as notice of dismissal and wages. First, the number of employees ordinarily employed has to be determined accurately. It isn't calculated only from the number of people currently coming to work.
If the company pays me 30 days' worth of pay, can I no longer challenge the dismissal?
Paying in lieu of notice and whether the dismissal was justified are separate issues. However, if you signed a separate agreement or resignation letter when you accepted the money, we need to review its terms and the circumstances too.
Can I file a remedy application even if I don't want to go back?
If you don't want reinstatement, we can check whether you can apply for a monetary compensation order. Tell us about your case's circumstances and how you'd like it resolved during the consultation.
I filed a report with the labor office. Do I also need to apply to the Labor Relations Commission?
A complaint to the labor office about unpaid wages or pay in lieu of notice and an unfair dismissal remedy before the Labor Relations Commission are different procedures. A report to the labor office doesn't count as a remedy application, so you need to check the 3-month deadline separately.
Can I apply if I'm on probation, on a fixed-term contract, or a part-timer rather than a regular employee?
Your employment status alone doesn't exclude you. We need to check whether you qualify as an employee, the size of the workplace, your contract terms, and the reason for dismissal. Being on probation doesn't mean the company can dismiss you for any reason.
Request a consultation on a workers' comp or labor case
Talk to us about an unfair dismissal remedy application.
Tell us your dismissal date and how the dismissal happened. We'll base the consultation on your employment contract and the dismissal notice.
You can also email us directly
For corporate advisory work, new cases, or meeting requests,
email us at the address below.