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Employment Law

Terms to Know

Pay Equity Act

Employment Lawyer in Etobicoke

Ana K Legal is an Etobicoke-based employment law firm providing expert legal services to both employers and employees across Ontario. We offer comprehensive advice and representation on a wide range of workplace issues, including wrongful termination, constructive dismissal, workplace harassment, and human rights violations.

Whether you’re navigating a complex workplace investigation or need guidance on employment contracts, policies, or performance management, our firm is here to help.

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Wrongful Dismissal

The amount of notice that an employee is entitled to upon termination is the focus of most wrongful dismissal actions. If the employer does not set out a termination provision that at least meets the minimum standards of the Employment Standards Act (“ESA”) or the Canada Labour Code then the common law presumption of reasonable notice applies. Reasonable notice is more generous than the minimum notice entitlements under the ESA. If you are wrongfully dismissed, ensure that your rights are protected by speaking to an experienced lawyer who has worked on similar cases. Proper and thorough legal advice will ensure that you receive what you deserve under the law. 

Understanding Employment Law in Ontario

In Canada, employment law governs the relationship between employers and employees. Whether the agreement is oral or written, every employment relationship is based on a contract. These contracts can be either indefinite (ongoing until terminated) or fixed-term (for a specific duration or task).

Employment Law for Unionized Workers

Employment law does not apply to unionized employees. Instead, unionized workers must resolve disputes through their collective agreement.

Employee Rights and Protection Under Canadian Law

To protect workers, Canada has enacted employment legislation at both the provincial and federal levels. These laws help balance the power between employers and employees. In Ontario, the Employment Standards Act (ESA) outlines minimum standards for things like wages, termination notice, and vacation time. For federally regulated employees, the Canada Labour Code applies.

In addition to the ESA and Canada Labour Code, several other laws establish minimum standards for workplace conditions, including health and safety and protection against discrimination. The Occupational Health and Safety Act (OHSA) protects nearly all workers in Ontario, ensuring safe working environments. This law is enforced by the Ministry of Labour, and violations can result in severe penalties, including fines up to $2 million and possible imprisonment.

Protection Against Discrimination and Harassment

Both the Canadian Human Rights Act and the Ontario Human Rights Code protect workers from discrimination based on prohibited grounds, including race, religion, place of origin, and more. These statutes play a critical role in fostering a harassment-free workplace for all employees.

In Canada, every person has the right to equal treatment in employment law without discrimination. This fundamental right recognizes that a person’s sense of dignity, identity, and self-worth is derived, in large part, from work. It goes without saying that the quality of work and one’s workplace environment are correlated with quality of life in general. As most people spend the vast portion of their day at work, an unhealthy work environment results in poor employee morale, diminished productivity, more sick days, and poorer health outcomes.    

Employment law is a highly regulated and dynamic area of law that evolves in response to changing societal values and norms. For example, the new right to disconnect policy which came into effect on January 1, 2022 requires employers with more than 25 employees to have a written policy on the right to disconnect from work meaning that an employee is not expected to engage in work-related communications after their work day is over.

If you have been wrongfully dismissed or you believe that you are being subjected to discrimination, bullying, harassment or an unsafe work environment, speak with an employment lawyer today to obtain advice to proactively address the situation. 

F.A.Q.

The law allows an employer to dismiss an employee summarily, (i.e., without notice) where the employer has just cause for terminating the employment relationship. The following are instances where the law will accord the employer with the right to summarily dismiss a delinquent employee:

  1. if the employee if guilty of serious misconduct;
  2. habitual neglect of duty;
  3. incompetence;
  4. conduct incompatible with his duties, or prejudicial to the employer’s interests in a material manner; or
  5. wilful disobedience.

The key question that is before the courts when an employee challenges a just cause termination is whether the employee has engaged in misconduct that is incompatible with the fundamental terms of the employment relationship. In practice, it is a high standard to meet and is frequently referred to as the “capital punishment” of the employment relationship. As stated by the court in Dowling, dismissal is only warranted when the misconduct is sufficiently serious that it strikes at the heart of the employment relationship. The court will examine the following factors to determine whether a just cause dismissal is justified:

  1. the nature and extent of the misconduct;
  2. the surrounding circumstances; and
  3. whether dismissal is warranted proportionate having regard to all of the factors.

Employers will frequently provide a tight deadline in which to accept a termination package in the hopes that this will dissuade ex-employees from commencing a lawsuit. It is important to know that this deadline is only contractual and that the employer’s legal obligations still apply: the employer must pay wages equivalent to the minimum notice period pursuant to the Employment Standards Act. The deadline is a pressure tactic that is intended to benefit only the employer who is hoping that you will accept it and they will not have to defend themselves against a lawsuit if you decide to pursue all of the entitlements that you are owed. Almost without exception, the employer will offer less than what an employee is legally entitled to but more than what is prescribed by the Employment Standards Act. If you are concerned about the deadline you can always write to the employer and ask for an extension, highlighting that you need to time to seek legal advice. It would be uncourteous for the employer to deny this reasonable request as it should be presumed that you would take the offer to an experienced lawyer to review.

 

 

The right to reinstatement is an employee’s right to resume their position following a wrongful dismissal. Unionized employees and federal employees have the right to seek reinstatement. Provincial employees generally do not have the right to seek reinstatement. Unionized employees can seek reinstatement pursuant to the terms of their collective agreement. Federal employees who have been dismissed and employed for more than 12 months can apply for reinstatement pursuant to section 240(1) of the Canada Labour Code if they make a complaint within 90 days of the dismissal.

Probationary periods are essentially meaningless. While an employer can insert a probationary period into a contract, a probationary period can never provide for less than what is required under the Employment Standards Act (“ESA”). Under section 54 of the ESA, an employee is eligible for notice of termination or termination of pay if he or she has been continuously employed for three months or more. In this case, if there is a clause in the contract regarding a three-month probationary period, and it is enforceable, meaning that it complies with the ESA, then the employee would normally not be entitled to any termination pay. If there is no provision in the contract regarding a probationary period, then notice of termination may be required.

 

Disclaimer

The contents of this website are for general informational purposes only and should not be relied on as legal advice.  A solicitor-client relationship is only created after meeting with Ana and signing a retainer agreement which defines the scope of the legal services that will be provided.

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