WRONGFUL DISMISSAL [top]
If you have been terminated from your employment in a non-unionized capacity without just cause and without reasonable notice, you may have a wrongful dismissal claim against your former employer.
What is Just Cause?
It is very difficult to define the specific circumstances which would lead a court to conclude that there was "just cause" for your dismissal. Obvious examples include theft from your employer, fraud or gross misuse of your expense account. Depending on the circumstances, instances of insubordination, inadequate performance and excessive absences from work or excessive tardiness may amount to "just cause". Where "just cause" is found, you are entitled to no monies from your employer, aside from wages owing to you up to your last date of employment.
What is reasonable notice?
Where there is no "just cause" for your termination, you may be entitled to "reasonable notice" of termination from your employer. The determination of what constitutes "reasonable notice" is based generally on an assessment of such factors as your age, length of service, position, the responsibility of your position, whether or not you were induced away from other employment, the economic circumstances of the company and your marketability. Whatever the appropriate length of notice, the employer has the choice of providing you with working notice, compensation in lieu thereof or some combination of both. The purpose of "reasonable notice" is to allow you the opportunity to find alternative employment.
If you feel that you have been wrongfully dismissed from your employment, you may wish to consult legal counsel before you sign any documentation provided to you by your employer.
|
| |
| |
HUMAN RIGHTS [top]
If you feel that you have been discriminated against in the course of your employment on the basis of one of the protected grounds in the applicable human rights legislation, you have the right to register a formal complaint. The Ontario Human Rights Commission (which governs all provincially regulated employers in Ontario) prohibits discrimination on the basis of age, gender, family status, handicap, record of offences, race, ancestry, place of origin, colour, ethnic origin and creed. The federal legislation as well as the legislation of all other provinces of Canada provide similar protection.
What is discrimination?
Discrimination in the workplace is defined generally as differential treatment, whether intentional or not, of an individual or group of individuals on the basis of one of the protected grounds set out in the applicable human rights legislation.
Although it is not normally necessary for you to retain independent counsel if you choose to pursue a human rights complaint, you may wish to consult counsel in order to assess your case and determine whether independent counsel would be advisable in the circumstances.
|
| |
| |
WORKPLACE HEALTH AND SAFETY [top]
All employers are required to provide a safe work environment and promote the safety of employees. The legislation sets the administrative, procedural and legal standards for health and safety and imposes specific duties upon managers, supervisors and employees.
If you have workplace health and safety concerns which have not been satisfactorily addressed by your employer, you may wish to consult counsel or make inquiries with the appropriate government department.
|
| |
| |
SEXUAL HARASSMENT [top]
The Ontario Human Rights Code prohibits sexual harassment of any kind in the workplace.
What is sexual harassment?
Sexual harassment is one or a series of incidents involving unsolicited and unwelcome sexual advances, requests for sexual favours or other verbal or physical conduct of a sexual nature, which are known or ought reasonably to be known to be unwelcome.
If you are a victim of sexual harassment in the workplace and feel that you would like independent legal advice, you may wish to consult counsel. If you have been accused of sexual harassment in the workplace, it may be in your interest to consult counsel to determine your rights and assess your legal position. If you are an employer facing a sexual harassment complaint or you are an employer that wishes to be proactive in developing a policy on sexual harassment, it is also in your interest to consult counsel. |
| |
| |
EMPLOYMENT STANDARDS [top]
Every province of Canada has employment standards legislation. The employment standards legislation of each province of Canada governs the employment relationships of all employees working for provincially regulated companies in that province. The legislation establishes the minimum requirements for wages, overtime, vacation pay, hours of work, pregnancy leave, and termination pay, among other things.
The Ontario Employment Standards Act provides for minimum notice requirements upon the termination of your employment. It also provides for minimum severance pay requirements, if applicable.
In Ontario, employees are unable to file a claim for both employment standards entitlements and damages in an Ontario court for wrongful dismissal, with a few exceptions.
Although you do not need independent legal counsel to file a claim with the Ontario Ministry of Labour–Employment Standards Branch, you may wish to consult counsel before doing so in order to assess whether the best course of action for you is an employment standards filing or a legal action. If you are an employer facing an employment standards complaint or you wish to ensure that your employment policies are compliant with employment standards legislation, it may be in your best interest to consult legal counsel. |
| |
| |
EMPLOYMENT CONTRACTS [top]
Many employment relationships are governed by written employment contracts. There may be benefits to both employers and employees in developing a clear written contract.
Whether you are an individual or an employer, it is advisable for you to seek independent legal advice to assist in the preparation, negotiation and/or review of a written employment contract. |
| |
| |
CLASS ACTIONS [top]
If any group of individuals in Ontario have a similar claim involving common issues against the same employer, there may be a basis for a class action claim. Other provinces of Canada may have similar legislation permitting class action proceedings.
If you and a group of individuals feel that you have a claim against the same employer for the same type of damages, you may wish to consult legal counsel about the possibility of commencing a class action.
|
| |
| |
ADR–MEDIATION/ARBITRATION [top]
Alternative dispute resolution processes including mediation and arbitration are quickly becoming useful tools to resolving employment and labour disputes.
You may wish to consult legal counsel about alternative dispute resolution processes available to you. |
| |
|
|
