Employment Law

Employment law in Ontario is governed by several key statutes such as the Employment Standards Act,, Occupational Health and Safety Act and the Human Rights Code.

The Employment Standards Act sets out certain minimum requirements relating to employees in Ontario, such as: minimum wage, holiday pay, overtime pay, pay in lieu of notice and severance pay. The Employment Standards Act contains a mechanism for dealing with alleged breaches of the Act.

The Human Rights Code enumerates certain "grounds for discrimination" such as: religion, race and creed. Employers or individuals that discriminate in violation of the Code are subject to claims and the administrative processes set out in the Code.

In addition to employment laws set out in various statutes, there is also the common law (sometimes referred to as "judge-made law"). This consists of the precedents made by judges over the years as set out in their decisions. For instance, there is a wealth of caselaw dealing with the question of what constitutes reasonable pay in lieu of notice of termination without cause. Therefore, knowledge of the caselaw if critical in providing employees and employers with advice on employment issues.

There are a number of ways that our firm can assist both employers and employees. For instance, drafting a clear employment contact can eliminate a number of contentious issues down the road. Employers are also wise to have a Human Rights Policy in place so that employees are well-versed in the requirements of the Human Rights Code. The Occupational Health and Safety Act requires employers to, among other things, post notices and have safety policies in place.

Our Firm acts for both employers and employees. In the past, we have taken on cases for employees on a contingency basis, meaning that our fee is paid in whole or in part from the damage award or settlement that our client recieves. A member of our firm would be pleased to discuss this with you further.