What is typically required for an employee to file a wrongful dismissal claim?

For an employee to file a wrongful dismissal claim, having documentation of an employment contract or terms of employment is crucial. This documentation establishes the foundation of the employment relationship, detailing the rights and obligations of both the employer and employee. It serves as evidence of what was agreed upon regarding job responsibilities, termination clauses, notice periods, and other conditions of employment.

Without this critical documentation, an employee's claim may lack the necessary context about how the termination deviated from the contractual agreement. This can weaken their argument for wrongful dismissal, as they would need to demonstrate that the employer failed to adhere to the terms initially agreed upon.

While proof of emotional distress, a letter from the employer confirming termination, or witness testimonies can provide additional context and support to a wrongful dismissal case, they are not fundamental requirements for initiating a claim. What is primarily needed is the substantiation provided by the employment contract itself, which outlines the expectations and protections afforded to the employee during their employment.