Toronto Employment and Labour Law Firm

If you have been terminated from your employment for just cause, it is not the end of the road. Your employer will have to prove that your acts led to a total breakdown in the employment relationship.

No employee should have to endure intolerable working conditions – that’s the law. You may have a right to quit your job and sue your employer for constructive dismissal.

Federally regulated employees who are terminated have a powerful tool at their disposal: the law of unjust dismissal. In addition to monetary awards, unjustly dismissed employees may seek reinstatement to their employment.

Almost any dismissal from employment without notice is wrongful. Wrongfully dismissed employees are entitled to compensation from their employers - sometimes up to two years’ worth of wages and other benefits.

Have you been terminated? You could be entitled to severance pay in the range of 1 month per year of service, subject to a number of important factors, such as your age, position, length of service and chances of re-employment.

Most employees do not understand the meaning or significance of the employment terms they agree to in writing. It is important to have your employment contract reviewed by an experienced lawyer before you sign it.

Do not take non-competition and non-solicitation agreements at face value. These clauses, referred to as “restrictive covenants”, are usually not enforceable.

Incentive plans for executives can be vague, complicated, and misleading. Given the complexity of most executive agreements, obtaining legal advice from an expert will place you in a better position to negotiate an agreement that protects your interests.

The workplace is one of the most common settings for discrimination. The Human Rights Code protects all employees from discrimination based on protected grounds, such as age, disability, or gender.

Employment standards include entitlements to minimum wage, overtime, holidays, and vacation pay. Many employees do not even receive the minimum employment standards set out by legislation, but taking action against an employer may be easier than you think.

Your employer might attempt to misclassify you as an “independent contractor” in order to avoid providing you with some of the benefits that all employees are entitled to. If you have been hired as an independent contractor but your position resembles that of an employee, you may be entitled to compensation.

Hiring an experienced human resources lawyer to assist your company’s HR department will make a quantifiable difference, not only in dealing with contentious matters (i.e. employee discipline and terminations), but as a preventative measure by ensuring your contracts, policies and procedures do not expose the company to any future liability.

Former employees can bring human rights claims, employment standards claims, wrongful dismissal claims, and various other forms of litigation against your business. Our focus is on protecting your company in a cost-optimized way.

Sometimes, employers must terminate misbehaving, negligent, or disobedient employees for just cause. However, termination for cause is a minefield for employers – seek expert legal advice before dismissing an employee in this manner.

The Workplace Safety & Insurance Board (WSIB) administers insurance coverage for workplace injuries and illnesses. Learn whether your workers are covered, whether you need to register your business, and what the penalties could be if you fail to do so.

Labour arbitration is the dispute settling process in a unionized workplace. Labour arbitration can be used to resolve union grievances, contested policies, or for the negotiation of a new collective agreement.

Collective agreements are fairly complex, and an inexpertly drafted agreement can significantly increase the cost of doing business. During collective bargaining negotiations, employers must consider every facet of employee relations for years to come.

Construction labour law is more complicated and rule-driven than any other industry in the province. In Ontario, construction labour law is characterized by divisions based on sector, craft, and geographical area, as well as collective agreements that automatically apply to newly certified employers.

Labour law in the transportation sector is highly specialized. Either provincial or federal law can apply, depending on the exact nature of the work. Employers may also have certain rights to conduct drug and alcohol testing on employees. Expert legal advice is critical for companies who operate in this industry.

Labour law in the aviation sector largely falls under federal jurisdiction. Aviation labour law expertise requires an understanding of how the aviation sector works, together with a detailed knowledge of federal standards and jurisprudence.

Keeping your workplace union-free requires careful and strategic planning long before any union organizing drive even begins. One wrong move in the course of a union drive can lead to your business becoming automatically certified.

A union grievance constitutes a ‘dispute’ under a collective bargaining agreement. Unions often seek to extend their power by filing grievances. Employers should always respond, with the help of a qualified labour lawyer.

Applications for Certification are, at the end of the day, decided by employees. However, employers have certain rights to participate in these matters, which can often make the difference between becoming certified or remaining union-free.

Termination of Bargaining Rights, also known as “decertification”, occurs when employees no longer wish to be represented by their union. Any hint of employer influence during decertification can thwart the entire process.

Employers have the right to communicate with employees about unionization – even in the course of a union organizing campaign. Employers cannot, however, use coercion, threats, intimidation, promises, or undue influence to turn employees against the union, or else risk an Unfair Labour Practice (ULP) complaint.

A workplace investigation is a fact-finding exercise in which the investigator reviews the complaint, interviews the relevant parties, assesses the pertinent evidence, and reaches a conclusion as to whether the complaint or concern has merit. Most often, workplace investigations are complaint driven, whether on account of harassment, sexual harassment, workplace violence, workplace bullying, and the like.