Employment Law

Employers

Hiring employees, with or without a written agreement, creates an employment contract.  As with all contracts, a good contract clearly defines the rights and obligations of the parties.

Employment is basically a contract which is complicated by specific legislation such as the Employment Standards Act and the Ontario Human Rights Code.  This legislation deals with matters such as vacation pay and establishes minimum standards for how employees are to be treated (such as when being dismissed).  It is important that the minimum legal standards are met.  Failure to do so can result in involvement of the Labour Board or other government bodies.

We can assist you in drafting employment contracts.

We can assist you in determining the appropriate amount of notice to provide an employee being terminated and whether "working notice" or "pay in lieu of notice" should be provided.

We can assist in defending complaints and wrongful dismissal litigation.

Employees

For most people, their employment contract, whether a formal contract or a letter of employment is one of the most important contracts in their life.  It sets out the terms of the job and implicitly or explicitly provides for how the contract can be terminated.  We help employees understand, and when necessary, clarify their rights and obligations.

When employment is terminated we work with employees to negotiate fair severance provisions within the context of their individual employment history as well as legislation and the common law.

When fair severance terms cannot be negotiated we can assist in commencing a wrongful dismissal lawsuit.