One of the most important aspects of a person’s life is their work and career, and there are many laws that govern the relationship between employees and employers in Canada.
Employees have a number of rights which employers are required to respect. Employers also have rights, but the inherent power imbalance between employees and employers have motivated the creation of laws that protect certain employee rights, such as the right to wages, the right to be free from workplace harassment, the right to reasonable notice upon termination, etc.
The lawyers at KPA have experience representing both employers and employees in work-related disputes. Feel free to explore some of the information in our website to learn more about common issues that arise in the area of employment law.
If you’d like to speak with an employment lawyer, you can book a phone call by clicking here. In some specific situations, we might be able to represent you on a contingency fee, which means that we don’t get paid until you do. However, this is rare and there are conditions that apply.
You can also use our free online severance pay analyzer if you have been fired and you want to know whether the severance package that you’ve been offered is fair. The analyzer is very detailed and the results are very reliable, so we recommend setting aside 15 to 20 minutes to fill out the online form. Your answers will be reviewed by a real employment lawyer, and we usually get back to you within one business day.
You may have heard of the phrase “wrongful dismissal”, and you probably already know that it has something to do with losing a job in a way that might be unfair or against the rights of the employee. In Ontario, there are unfortunately many instances where employers don’t always fully respect the rights of employees when it comes to terminating a person’s employment. Most employers are careful about following the law, and they deal with employees in a way that the law requires; however, this is not always the case.
The Code states that every person has a right to equal treatment with respect to employment without discrimination or harassment 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.
There is no common understanding of the skills employers or regulatory bodies are trying to assess when they impose a requirement that applicants have Canadian experience. This can be extremely frustrating for newcomers who may be qualified for a position or professional accreditation, but who have not yet worked in Canada, and are not given a chance to prove their qualifications. Many newcomers feel that the approach of many Canadian employers is “arbitrary and often needlessly penalizes them for their lack of Canadian experience and credentials.” In some cases, requiring applicants to have Canadian experience may be disguised discrimination, and a way to screen out newcomers from the hiring process.
It’s easy to incorrectly assume that a person does not have an employment contract if the employment relationship never involved a signed document. However, as a matter of law, all employment relationships involve employment contracts, but some of these “contracts” happened to take place on a solely oral basis. These oral contracts apply even if the employer and the employee never actually discussed an intention use a “verbal contract”.
“Employees” have substantially more rights than “independent contractors”. Many companies try to characterize their employees as independent contractors to avoid respecting their employee’s rights.
All employees in Canada have rights and employers are legally required to ensure that they do not violate those rights. However, sometimes employers may subject the employee to illegal tactics and unlawful behavior to punish or scare the employee for trying to stand up for his or her employment rights.
A constructive dismissal may occur when an employer makes a significant change to a fundamental term or condition of an employee’s employment without the employee’s actual or implied consent.