Is there a maximum amount of damages I can get for wrongful dismissal in Ontario?
No. There is no fixed maximum on common law wrongful dismissal damages, the way there might be for some other kinds of claims. Damages are calculated based on what you would have earned, in wages and benefits, during the reasonable notice period a court determines applies to your specific situation, so the total amount varies significantly from case to case depending on your income level and the length of notice found appropriate given your circumstances.
The Employment Standards Act sets only a statutory minimum floor, not a ceiling, and most dismissed employees are entitled to considerably more under common law reasonable notice, unless a valid, enforceable contract term limits them to that ESA minimum instead. Additional categories of damages, such as those addressing bad-faith conduct in how a dismissal was handled, are assessed separately and are also not subject to any fixed cap, though they require proof of specific wrongful conduct by the employer beyond simply the fact of the dismissal itself.
Key takeaways
- There is no fixed cap on common law wrongful dismissal damages.
- Damages are based on lost wages and benefits during the applicable notice period.
- The ESA sets only a statutory minimum floor, not a maximum.
- A valid, enforceable contract term can limit an employee to the ESA minimum instead of common law notice.