Do I have a leg to stand on? (Wrongful dismissal related)

First off, a little back ground.

On May 17th I started a new job as an Admin Assistant in a Body Shop. 2 weeks later, the manager of the body shop was let go.

On June 3rd, my grandfather had a major stroke. I took a couple of days off in June and took my previously scheduled holidays from July 1-10 and was back at work on the 12th. I worked that whole week and since my grandfather was doing very badly, took the following week off work. He passed away on July 24th and I was back at work full time on July 29th.

On August 6th, I was “let go”. The manager told me that it had nothing to do with me taking time off, and had everything to do with the bodyshop not making any money and they were needing to lighten the load. He specifically said that they needed to save some money, and that it wasn’t going to work with having a full time Admin for the body shop. He said he would be glad to give me a letter of reference, and by all means to use him as a reference. I thanked him, and left.

Fast forward to today…I go in to pick up my Record of Employment and final pay stub and find out that they had hired someone to replace me. On my ROE it says “dismissed” and not “Shortage of Work” for reason for issuing the ROE.

My question is…Can they do that? I know during the 3 month probation period I can be let go for anything, but can they issue me a permanant lay off and then hire someone for the same job?

I will be contacting the Ministry of Labour tomorrow, but if there is anyone around who can give me some insight, I’d appreciate it.

I don’t know if you have a legal case or not. But does it really matter? Even if you got your job back, it would be against their wishes, and therefore it would not be a pleasant environment to work in. My suggestion is to take the owner’s letter of reference and find another job.

Since you were released less than three months after being hired, they’re entitled to fire you for almost any reason at all, short of any illegal sort of discrimination. If they can fire you for any reason at all, they can hire someone else to replace you… otherwise, what would be the point of a probationary period?

That they let you go and maybe weaseled on the reason doesn’t really give you any legal advantage here.

Do you know if the person who replaced you is full time? Maybe the reason given is honest and they can afford to pay for part time work.