Brampton mayoral candidate Nikki Kaur to sue city over ‘unlawful dismissal’

After losing to Patrick Brown, Brampton mayoral candidate Nikki Kaur announced that she had been “terminated” from her job with the city and will be taking legal action.

In a statement on Oct. 25, Kaur confirmed that she was no longer the director of strategic projects, planning, building, and economic development at the City of Brampton.

“This afternoon, without explanation or notice, I was terminated from my employment at the City of Brampton,” she said in the statement. “I will not be silenced and will never stop standing up for what is right. I have retained legal counsel and will fight this injustice.”

A letter from Kaur’s legal team, obtained by multiple news outlets, calls the “unlawful dismissal” a “targeted retaliation” that is the “culmination of a long conspiracy among senior city officials to silence her persistent efforts to expose wrongdoing and possible corruption in the city’s administration.”

Her lawyers are asking city officials to preserve all documents and records, in any format, that are relevant to the termination.

The City of Brampton has refused to comment on Kaur’s claims. None of her allegations have been tested or proven in court.

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Severance pay for City of Brampton employees

In Ontario, employees at the City of Brampton (and any municipality) can get up to 24 months of severance pay when they are fired or laid off from their job. This includes individuals working full-time, part-time, and hourly.

Severance is the compensation non-unionized workers in Canada receive from their employer when they are fired without cause. If you are fired for cause, you are likely still entitled to full severance.

It’s calculated using several factors, including:

• Age
• Position
• Length of service
• Ability to find new work

If someone is fired without receiving the proper amount of severance, they can file a claim for wrongful dismissal in Ontario to seek the proper amount of compensation.

WATCH: Employment lawyer Lior Samfiru explains everything you need to know about severance pay on an episode of the Employment Law Show.

To figure out how much compensation you could be entitled to, use our free Severance Pay Calculator tool.

An experienced employment lawyer at Samfiru Tumarkin LLP can also review your situation to ensure you are receiving proper severance.

LEARN MORE:
• Severance for provincially regulated employees
• Severance pay in a recession
• Wrongful dismissal in Ontario
• Can I get my job back if I am fired?

Rights in a “toxic” or “poisoned” work environment

In Canada, non-unionized employees don’t have to tolerate harassment or discrimination in the workplace, either from coworkers or managers.

Every employer has a duty to investigate and respond appropriately to allegations of harassment and abuse.

If your company is creating, or allows for the creation of, a hostile or toxic work environment, this can be grounds for a constructive dismissal.

A constructive dismissal claim allows you to quit your job and still receive full severance pay.

READ MORE
• Do I get severance if I quit?

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or you believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Toronto and Ottawa can review your situation, enforce your workplace rights, and ensure that you receive the compensation you are owed.