Unless this Act provides otherwise, a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered.While a wrongful dimissal action is subject to this two-year limitation period, it is important not to confuse a dismissal with the triggering of the limitation period since the two may not necessarily coincide. In Webster v. Almore Trading, the Court explained it this way:
Wrongful dismissal, in my view, raises a particularly difficult issue in the limitation context since it is not dismissal per se that is actionable but rather dismissal without reasonable notice or salary in lieu of such notice, that is actionable. Accordingly, the limitation period for an action for wrongful dismissal does not necessarily run from the date of actual dismissal. It is activated when the cause of action is discovered - that is, the date that the terminated employee knew ought to have known that he was discharged without cause and without notice or pay in lieu of notice and that a proceeding would be an appropriate way to get redress. The date of discovery may be later than the date of dismissal.