Services Provided
Wrongful Dismissal & Reasonable Notice
· If you have had your employment terminated by your employer, and your employer has not provided you reasonable notice of termination or pay in lieu of reasonable notice, or has provided you inadequate notice or pay in lieu, you may be entitled to compensation in the form of damages for reasonable notice (including payments for loss of bonuses, benefits, wage or salary increases, and commissions that would have been received during the notice period), moral or aggravated damages for losses sustained due to the manner of dismissal, and/or punitive damages for harsh, vindictive, reprehensible or malicious conduct by the employer.
· If you have been provided notice of termination or payment in lieu, be sure to consult with us to determine if your employer has met all their legal obligations. We can help you determine if a severance offer is adequate, or a termination provision in an employment contract is legally enforceable, or help you understand the difference between your statutory rights under the Employment Standards Act and your common law rights enforceable in the courts.
· If you have been terminated for alleged cause, contact us to fight for your legal entitlements. We will ensure that your employer is held to their legal obligations and you receive just compensation for the time and dedication you provided to your employer. Just cause allows an employer to terminate an employee without providing notice or pay in lieu, and the courts require a high standard to constitute just cause. We will hold your employer accountable to provide you with your full entitlements on termination.
Constructive Dismissal
It is essential for employees to know their rights when an Employer presents new contractual terms or conditions of employment;
· If an employer presents an employee with new terms or conditions of employment, the employee has three options:
1. Expressly accept the amended terms, or implicitly accept the amended terms by continuing employment under the new terms;
2. Reject the amended terms and sue the employer for constructive dismissal if they insist on their application; or,
3. Make it clear to your employer that you reject the new terms of employment, but do not resign or sue the employer for constructive dismissal.
· In scenario 3, the employer has two options. First, to allow the employee to continue working, leaving the original terms in place. Second, terminate the employee providing proper notice or payment in lieu. The Employer is free to offer the employee re-employment on the amended terms.
· In determining whether an employer’s actions meet the threshold of constructive dismissal, the employee must ask themselves whether the unilateral changes imposed by the employer substantially altered the essential terms of the employee's contract of employment.
· An employer constructively dismisses an employee when they unilaterally act to alter or evade a term of condition of employment, or have acted to create a poisoned work environment. In such scenarios, the employee may treat the employment relationship as terminated and receive their legal entitlements of reasonable notice and associated damages.
· Examples of unilateral actions that can constitute constructive dismissal include changes to compensation schemes (including salary or wage rate, bonuses, commissions, or benefits), changes to work-location, environment, or responsibilities, demotions, being placed on probation without adequate cause, workplace-harassment or discrimination, or other forms of maltreatment in the workplace.
· If the conditions or terms of your employment have been unilaterally changed by your employer, contact us for assistance in reviewing your options, communicating with your employer, and determining if taking legal action against your employer is the best course of action in the circumstances at hand.
Health & Safety Reprisals
· The Occupational Health and Safety Act (the “OHSA”) outlines the roles and responsibilities that all individuals in a workplace must adhere to in an effort to ensure working conditions are safe, safety procedures are maintained and followed, and employees can voice their safety concerns without fear of reprisals by the employer.
· An Employer is not entitled to discipline, dismiss, suspend, or otherwise penalize an employee for acting in compliance with or seeking to use its protections of the OHSA. Where there exists a nexus in time between the employee’s act in compliance with the OHSA or the exercise of a right under the OHSA and an adverse employment consequence, there is a heavy onus on the employer to demonstrate the two actions are not connected.
· Employees who are subjected to reprisals by their employers are entitled to a range of remedies, including but not limited to reinstatement with full compensation for lost wages, where reinstatement is not appropriate, compensation for lost wages and compensation for loss of employment, and damages for emotional distress where the employee has experienced injury to feelings, dignity, pride or self-respect.
· If your employer has taken punitive actions against you for acting in compliance with or seeking to use the protections of the OHSA, contact us for assistance in reviewing your options, communicating with your employer, and determining if taking legal action against your employer is the best course of action in the circumstances at hand.
Employment Standards Reprisals
· The Employment Standards Act outlines the minimum standards most employers in Ontario must adhere to. Under the Act, an employer is not permitted to intimidate, dismiss, or otherwise penalize an employee or threaten to do so because the employee:
- requests compliance with the Act from their employer
- makes inquiries as to their rights under the Act
- files a complaint with the Ministry of Labour under the Act
- exercises or attempts to exercise a right under the Act
-makes inquiries or discloses wage-rates for the purposes of determining
whether the employer is providing equal pay for equal work
- is or will become eligible to take a leave, intends to take a leave, or takes a
leave of absence as provided under the Act
- communicates with an employment standards officer, testifies or is required
to testify or participate in a proceeding under the Act
· Employees who are subjected to reprisals by their employers are entitled to a range of remedies, including but not limited to reinstatement and compensation for any loss incurred because of the employers’ violation of the Act. This can include compensation for wages that were owed and not paid such as overtime pay, termination pay, expenses incurred in seeking out new employment, general damages for corresponding infringements of rights under the Ontario Human Rights Code, and compensation for emotional distress where the employee has experienced injury to feelings, dignity, pride or self-respect.
· If your employer has intimidated, dismissed, or otherwise penalized or threaten to penalize you for seeking to use the protections of the ESA, contact us for assistance in reviewing your options, communicating with your employer, and determining if taking legal action against your employer is the best course of action in the circumstances at hand.
Human Rights
· The Ontario Human Rights Code(the “Code”) prohibits discrimination in the workplace because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. Constructive discrimination is also prohibited, whereby a requirement, qualification or factor that is not discriminatory but results in the exclusion, restriction or preference of a group of persons who are identified by a prohibited ground of discrimination.
· Similarly, the Code prohibits harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.
· An employer is required to accommodate up to the point of undue hardship, considering factors such as costs and health and safety requirements.
· Employees can be subjected to unequal treatment in various stages of the employment relationship, from the application and interview process to the termination process, and everything in-between. Employees can also be subjected to unequal treatment from a variety of individuals in the workplace, including the employer, supervisors, co-workers, agents of the employer, or customers.
· If you believe you have been subjected to discrimination or harassment in the workplace, contact us for assistance in reviewing your legal entitlements pursuant to the Code, the benefits and drawbacks of forums in which you can enforce your rights (such as the Human Rights Tribunal of Ontario or the Ontario Courts), communicating with your employer, and determining if taking legal action against your employer is the best course of action in the circumstances at hand.
Employment Contracts
· Employment Contracts can be simple or complex, and understanding how they impact your rights and obligations during and after your employment is important to employees about to start a new role, those thinking about leaving their job, and those who have been terminated.
· If you require legal advice on a new or existing employment contract, have questions about the legality and application of contractual terms, or need help negotiating with a prospective or current employer, contact us for assistance.