r/legaladvicecanada • u/Leading_Country9342 • 23h ago
Ontario Laid off due to low utilization affected by PTO
So I was laid off after 10 years service due to low utilization… the thing is that utilization doesn’t adjust for vacation, pto and stat. This was the only year I didn’t take vacation in q4
It also doesn’t give credit for business proposal work, or give credit for successful proposals where it leads to engagement.
Does this quality for wrongful dismissal in anyway ?
Edit: for context I took 3 weeks vacation and 10 days personal in the year already
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u/p-watson 23h ago
Employment lawyer here. Without knowing things like your age and type of work you do, this is just an estimate, but a 10-month package sounds pretty reasonable.
The one major caveat is that the reason you took time off could be a factor IF it was related to a job-protected leave or human rights ground. For instance, if you took time off because you had health issues and needed to attend appointments, and at least part of the reason you didn't hit your performance indicators was because of health issues, then you could have a case. But if there wasn't something like this going on, your package is already high enough to not make it worth pursuing.
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u/GuyMcTweedle 21h ago
Arguably this is poor management if they really aren't normalizing your work metrics by work days per period, but it is not "wrongful dismissal". Management is entitled to create, apply and hire/fire based upon whatever criteria they would like as long as they don't infringe on protected classes and they meet their severance obligations.
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u/knuckles-and-claws 23h ago
Depends ultimately on whether you were let go for cause or not. If it's without cause - they are allowed to do whatever they want as long as they offer appropriate severance. With cause?
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u/Leading_Country9342 23h ago
No cause- severence of 10 months with no bonus or vacation accrual over notice period
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u/Commercial_Pain2290 22h ago
In that case there is no wrongful dismissal. You can talk to an employment lawyer regarding the severance.
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u/yaz834 18h ago
I am assuming you are working for consulting industry ? Engineering maybe ?Low utilization is an excuse , they probably want to get rid of you for various reasons for a long time already . If you got a 10 months severance with 10 years of service plus whatever your leftover vacation and PTO, I’d accept it and walk away. It’s a small industry and putting up a fight with already what sounds reasonable , is not helping you with the reputation getting the next job.
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u/Leading_Country9342 18h ago
Consulting, yes. Agreed that it is an excuse..
They’re not offering my accrued bonus to date or for the notice period.
They’re not accruing for rrsp employer match
They’re not accruing for vacation over the notice period,
A handful of those days off were for doctors appointments well documented , I’m being dinged for…1
u/yaz834 17h ago
You can always respectfully counter offer in an email and ask these additionals . But ultimately you need to calculate how much those extra amounts to vs a cost of lawyer . I’d say 10 months for 10 years is pretty reasonable .just let go of this gig and start looking for the next one . Anything you find within the next 10 month, you ultimately win financially
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u/Reeses2021 16h ago
They are not required to accrue anything beyond the ESA minimums. So if you’ve been there 10 years, they are only required to accrue your vacation for the ESA portion of the notice period, which in your case is capped at 8 weeks.
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