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What is employment law?
- Employment law is an area of law which governs non-unionized employer and employee relationships.
- The regulation of unionized workers would fall under labour law.
What are your rights as an employer and employee?
- The Ontario Employment Standard Act, 2000, sets out minimum terms and conditions of work for employees in Ontario.
- The Act establishes and covers employee rights with regards to:
- notice requirement for termination;
- equal treatment in employment without discrimination;
- hours of work and overtime;
- vacation time and pay; and
- more
Sources of Employment Law:
- There are three main sources of employment law:
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- Statute law: legislation passed by government
- Constitutional Law: The Canadian Charter of Rights and Freedom
- Common Law: judge-made law
- The relative importance of each source of law will depend on the area of law under consideration.
Matters in which you may want to consult a lawyer:
- Reviewing an employment contract;
- Workplace harassment;
- Wrongful dismissal/severance packages
- Constructive dismissals;
- Discrimination based on a human rights ground;
- Non-solicitation and non-competition agreements;
- Parental/maternity leave;
- Performance and attendance issues;
- Compensation and benefits.
Remedies under Employment Law:
- Wrongful Dismissal Damages (i.e. “notice”, “pay in lieu of notice” or “severance”)
- Extraordinary Damages (i.e. defamation, breach of privacy, bad faith termination, etc.)
- Human Rights Damages (i.e. discrimination on a protected ground: race, religion age, etc.)
- Reinstatement (in rare circumstances, employees can be reinstated to their previous role)
We understand that it may be difficult to determine if you need legal advice. The reality is if you are contemplating needing legal advice, you probably do. The legal practitioners at Joston can provide their legal expertise for to employers and employees. We can assist and advise in a full range of workplace issues. We aim to ensure that you as the employer or employee are aware of your legal rights and entitlements within the workplace.