If I Win a Wrongful Dismissal Case, Do I Get My Job Back in Ontario?
Many people assume winning a wrongful dismissal case means getting their job back. In Ontario, that is usually not how it works. The remedy is almost always money, not reinstatement.
Key takeaways
- A common-law wrongful dismissal claim is about money, not your job back.
- The core remedy is pay in lieu of reasonable notice.
- Courts almost never order reinstatement in ordinary dismissal cases.
- Reinstatement can arise in human rights and certain reprisal routes.
- Your employer can end your job, but must pay properly for doing it.
In this article
It feels intuitive: if a court finds you were wrongfully dismissed, surely you get your job back. For most Ontario employees, that is not how it works, and understanding why changes how you think about your claim. The wrongful dismissal system is built to compensate you, not to force you and your employer back together.
✅Quick answer. In an ordinary common-law wrongful dismissal case, you do not get your job back. The remedy is money, specifically pay in lieu of the reasonable notice you should have received. Courts virtually never order reinstatement in these cases. Getting your job back is possible only through narrower routes, such as a human rights remedy where discrimination is found, or specific statutory reprisal complaints. The general rule is that an employer can end your employment, but it has to pay you properly for doing so.
Why the remedy is money, not your job
At common law, an employer is entitled to end the employment relationship at any time, for almost any reason, as long as it gives reasonable notice or pay in lieu. Wrongful dismissal does not mean the firing was forbidden. It means the employer did not give enough notice. The court fixes that by awarding the pay you should have received over a proper notice period. It does not order the relationship to continue, partly because forcing two parties back together rarely works.
When reinstatement is actually possible
- Human rights remedies: if you were dismissed for a discriminatory reason, a human rights tribunal can, in some cases, order reinstatement along with damages.
- Statutory reprisal complaints: certain regimes, for example reprisal for asserting health and safety or other protected rights, can allow reinstatement.
- Unionized workplaces: grievance arbitration under a collective agreement often can order reinstatement, which is a different system from the common-law courts.
What this means for your claim
Because the remedy is money, the value of your claim turns on the length of your reasonable notice period and what you would have earned during it, not on getting rehired. That is why the focus of a wrongful dismissal claim is almost always maximizing the notice award and any additional damages, rather than fighting to return to a job you were pushed out of.
What should you focus on instead?
- 1.Shift your attention from getting rehired to valuing your reasonable notice period.
- 2.Consider whether any discrimination or reprisal angle applies, since those can open different remedies.
- 3.Keep records of your job search, since your notice award interacts with your efforts to find new work.
- 4.Get your severance assessed to understand what your claim is really worth.
If your dismissal involved discrimination or a protected complaint, the analysis can change, so see bad-faith and human rights damages and wrongful dismissal in Ontario. To find out what your notice-based claim is worth, start with a severance review.
Frequently asked questions
Do I get my job back if I win a wrongful dismissal case in Ontario?
Usually no. An ordinary common-law wrongful dismissal claim is compensated with money, specifically pay in lieu of reasonable notice. Courts almost never order reinstatement in these cases.
When can I actually be reinstated?
Reinstatement is possible through narrower routes, such as a human rights remedy where discrimination is found, certain statutory reprisal complaints, or grievance arbitration in a unionized workplace. It is not the norm in common-law dismissal cases.
Does wrongful dismissal mean the firing was illegal?
Not exactly. It usually means the employer did not give enough notice, not that it was barred from ending your employment. The court remedies the shortfall by awarding the pay you should have received over a proper notice period.
So what is my claim actually worth?
Its value turns on the length of your reasonable notice period and what you would have earned during it, plus any additional damages. That is why the focus is on maximizing the notice award rather than getting rehired.
Daniel Carter
Legal Writer, Mirza Law
Daniel Carter is a legal writer at Mirza Law in Toronto. He writes about layoffs, employment contracts, and the steps to take before you sign anything from your employer.
See all articles
