Employment Law

Trusted Labour & Employment Lawyers in Toronto

At Equity Law Firm LLP, we excel in the realm of employment law. As we guide clients through the complex web of workplace rules and regulations, our unwavering commitment to their rights remains steadfast. In a city filled with potential, our experienced team possesses the knowledge and skill that distinguishes us from the rest. Handling cases that range from wrongful dismissals to harassment, Equity Law Firm LLP emerges as a pillar of support and justice for those in need of reliable representation. Why entrust your case to us? The reason is clear: for your professional well-being, depend on the proficient practitioners of employment law—depend on Equity Law Firm LLP.

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Wrongful Dismissal

Terminating an employee’s contract without just cause or disregarding the proper legal procedures constitutes wrongful dismissal, also referred to as wrongful termination. In Canada, this term covers various scenarios, such as an employer neglecting to provide reasonable notice or pay instead of notice, breaching the employment contract, or dismissing an employee contrary to human rights or labour laws.

Bases for Wrongful Dismissal Allegations

Employees may present legitimate wrongful dismissal claims for several reasons. Common grounds for these claims involve:

Dismissal without just cause: Valid reasons, like inadequate performance or misconduct, are necessary for employers to terminate an employee. Dismissing without appropriate grounds might be deemed wrongful.
Inadequate notice or severance: Providing reasonable notice or pay in lieu of notice is legally mandated when terminating an employee without cause. Not doing so may lead to a wrongful dismissal claim.
Discrimination: Terminating an employee based on factors like race, gender, age, disability, or other protected grounds may be deemed wrongful dismissal under Canadian human rights legislation.
Retaliation: Employees cannot be dismissed for exercising their rights, such as reporting harassment or unsafe working conditions. This form of termination qualifies as wrongful dismissal.

Legal Courses of Action for Wrongful Dismissal

Wrongfully dismissed employees can pursue several legal remedies, including:

Submitting a complaint to the relevant government agency, like the Ministry of Labour, the Canadian Human Rights Commission, or the corresponding provincial human rights tribunal.
Settling with the employer, which might involve financial compensation, reinstatement, or other restitution.
Filing a civil lawsuit against the employer to seek damages, including lost wages, emotional distress, and possibly punitive damages.

Navigating Legal Procedures

Should you suspect wrongful dismissal, it’s vital to consult with a knowledgeable employment lawyer who can clarify your rights and steer you through the legal process. They can evaluate your claim’s strengths, recommend possible remedies, and represent you during negotiations or litigation, if required. Acting swiftly is imperative since filing complaints or initiating legal action may be subject to strict deadlines.

Harassment & Bullying

In the workplace, harassment and bullying encompass unwelcome or offensive behavior, remarks, or actions that lead to a hostile or intimidating environment. Harassment often stems from protected grounds like race, gender, age, or disability, whereas bullying generally involves ongoing negative conduct towards an individual or group of employees. Both harassment and bullying can severely impact employees’ mental and physical health, job performance, and overall well-being.

Identifying Harassment and Bullying

Effectively addressing harassment and bullying in the workplace requires recognizing their signs. Common examples of such behavior include:

Offensive jokes, slurs, or insults based on protected grounds.
Unwanted physical contact, intrusion of personal space, or intimidation.
Exclusion, isolation, or ostracism of an employee or group of employees.
Excessive criticism, unreasonable work demands, or sabotage of an employee’s work performance.

Prevention and Handling of Workplace Harassment and Bullying

Employers are legally obligated to ensure a safe and respectful work environment devoid of harassment and bullying. To prevent and address these issues, employers can:

Create and enforce a thorough anti-harassment and anti-bullying policy.
Offer training and education for employees and supervisors on identifying and managing harassment and bullying.
Encourage employees to report harassment or bullying incidents and guarantee confidentiality during the reporting process.
Promptly and appropriately investigate and resolve complaints, including disciplinary actions against those accountable for harassment or bullying.

Legal Options for Harassment and Bullying Victims

Employees subjected to workplace harassment or bullying can seek various legal remedies, such as:

Filing a complaint with the appropriate government agency, like the Canadian Human Rights Commission or the corresponding provincial human rights tribunal, in cases involving harassment based on protected grounds.
Pursuing a grievance through a union, if applicable.
Filing a complaint under occupational health and safety legislation for cases of workplace bullying or harassment unrelated to discrimination based on protected grounds.
Consulting with an experienced employment lawyer to discuss the potential for legal action against the employer or the individual responsible for the harassment or bullying.

Understanding their rights and options is essential for employees dealing with workplace harassment or bullying. By promptly addressing the issue and seeking suitable legal remedies, employees can safeguard their well-being and promote a secure, respectful work environment for all.

Discrimination Protection

Discrimination in the workplace arises when an employer unfairly treats an employee or a group of employees based on specific protected grounds, such as race, gender, age, disability, sexual orientation, or religion. Discrimination can appear in various ways, including hiring practices, promotions, compensation, work assignments, or termination. In Canada, federal and provincial human rights laws shield employees from workplace discrimination, ensuring equal treatment and opportunities for all.

Identifying Workplace Discrimination Indicators

Effectively addressing workplace discrimination requires recognizing its signs and taking suitable action. Common examples of discriminatory behaviors involve:

Unjust treatment or exclusion of employees based on protected grounds.
Unequal pay or benefits for employees performing identical or substantially similar work.
Denying promotions or career advancement opportunities for discriminatory reasons.
Establishing a hostile work environment through derogatory remarks, jokes, or actions targeting a specific protected group.

Employer Duties and Effective Strategies

Employers are legally required to maintain a discrimination-free workplace and foster equality among employees. To prevent and address discrimination, employers can:

Create and enforce a comprehensive anti-discrimination policy.
Offer training and education for employees and supervisors on identifying and managing workplace discrimination.
Encourage employees to report discrimination incidents and guarantee confidentiality during the reporting process.
Promptly and appropriately investigate and resolve complaints, including disciplinary actions against those accountable for discriminatory behavior.

Legal Options for Discrimination Victims

Employees subjected to workplace discrimination can pursue various legal remedies, such as:

Filing a complaint with the Canadian Human Rights Commission or the corresponding provincial human rights tribunal.
Pursuing a grievance through a union, if applicable.
Consulting with an experienced employment lawyer to discuss the potential for legal action against the employer or the individual responsible for the discrimination.
Seeking remedies like compensation for lost wages, reinstatement, or modifications to workplace policies and practices.

By understanding their rights and available legal remedies, employees can confront workplace discrimination and ensure a fair, inclusive work environment for all.

Constructive Dismissal

Constructive dismissal, sometimes called forced resignation, transpires when an employer unilaterally alters an employee’s work conditions or employment terms, making the work environment unbearable and compelling the employee to resign. In Canada, constructive dismissal is deemed a type of wrongful dismissal, and impacted employees possess the same legal rights and remedies as those directly terminated without just cause.

Recognizing Constructive Dismissal

Identifying constructive dismissal can be difficult, as it frequently involves subtle workplace changes. Common examples of actions potentially constituting constructive dismissal include:

Considerable reduction in an employee’s salary, benefits, or hours without consent.
Unilateral alterations to an employee’s job responsibilities or demotion without a valid reason.
Persistent harassment, bullying, or discrimination, resulting in a toxic work environment.
Inability to address or resolve a hostile work environment despite the employee’s complaints.

Employer Responsibilities and Effective Strategies

Employers must treat employees fairly and sustain a safe, respectful work environment. To avert constructive dismissal, employers should:

Communicate transparently and candidly with employees about any required changes to work conditions or employment terms.
Obtain employee consent before making significant modifications to their job duties, salary, or benefits.
Promptly and effectively address any reported issues of harassment, bullying, or discrimination.
Ensure that changes to work conditions are based on legitimate business reasons and not meant to force an employee to resign.

Legal Options for Constructive Dismissal Victims

Employees who suspect they have been constructively dismissed can pursue various legal remedies, such as:

Consulting with an experienced employment lawyer to evaluate their claim’s merits and determine the optimal course of action.
Filing a complaint with the relevant government agency, like the Ministry of Labour or the corresponding provincial human rights tribunal.
Pursuing a civil lawsuit against the employer for damages, including lost wages, emotional distress, and potentially punitive damages.
Negotiating a settlement with the employer, which may encompass financial compensation, reinstatement, or other restitution forms.

Grasping the notion of constructive dismissal and the available legal remedies enables employees to safeguard their rights and ensure equitable treatment in the workplace.

Employment Contract Review

An employment contract represents a legally binding agreement between an employer and an employee, outlining the terms and conditions of employment. These contracts can be written, oral, or implied and generally include information on job duties, salary, benefits, vacation entitlements, termination provisions, and other vital employment terms. A meticulous review of an employment contract is essential to confirm that both parties comprehend their rights and responsibilities and that the contract adheres to Canadian employment laws.

Essential Elements to Examine in Employment Contracts

When evaluating an employment contract, it’s vital to focus on several key elements that can significantly influence an employee’s rights and obligations. Some of these elements are:

Job description and responsibilities: Make sure the contract precisely reflects the employee’s role and duties and that expectations are unambiguously outlined.
Compensation and benefits: Confirm that the salary, bonuses, commission structures, and benefits are explicitly defined and comply with the relevant laws and industry standards.
Termination provisions: Examine the termination provisions to ascertain they fulfill the minimum requirements under Canadian employment laws and do not excessively limit the employee’s rights during dismissal.
Restrictive covenants: Evaluate any non-compete or non-solicitation clauses to determine if they are reasonable in scope and duration and do not unfairly limit the employee’s capacity to secure future employment.

Significance of Legal Counsel

Consulting an experienced employment lawyer during the contract review process is crucial for both employers and employees. A lawyer can:

Detect potential issues or inconsistencies in the contract and recommend necessary adjustments.
Ensure the contract complies with all relevant employment laws and regulations.
Advise on the employee’s rights and obligations under the contract and help negotiate more favorable terms if needed.
Offer guidance on managing disputes or breaches of the contract, including available legal remedies.

Negotiating and Finalizing the Contract

After thoroughly reviewing the employment contract and addressing any concerns, both parties can proceed with the negotiation process. Employees should be encouraged to discuss any terms they consider unfair or unclear and request modifications if necessary. Once an agreement is reached, both parties should sign the contract, and each should keep a copy for their records.

A thorough employment contract review helps ensure that both employers and employees comprehend their rights and responsibilities, ultimately fostering a fair and harmonious working relationship.

Workplace Accommodations

Workplace accommodations involve modifications or adjustments made by employers to allow employees with disabilities or special needs to effectively perform their job duties and enjoy equal employment opportunities. In Canada, employers have a legal obligation under human rights laws to offer reasonable accommodations to employees unless doing so results in undue hardship for the employer. Examples of workplace accommodations consist of assistive technology, flexible work hours, modified workstations, or additional training and support.

Requesting Workplace Accommodations

Employees who need workplace accommodations should follow these steps for a smooth and effective process:

Identify the specific accommodations required: Determine the kind of accommodations needed to address the employee’s needs and support their job performance.
Gather supporting documentation: Obtain any necessary medical documentation or expert assessments to back the request for accommodations.
Make a formal request: Submit a written request for accommodations to the employer, outlining the specific adjustments needed and providing the supporting documentation.
Collaborate with the employer: Work closely with the employer to develop and implement the appropriate accommodations, maintaining open communication throughout the process.

Employer Responsibilities and Best Practices

Employers play a vital role in providing workplace accommodations and fostering an inclusive work environment. Key responsibilities and best practices for employers include:

Engaging in the duty to accommodate: Employers must actively participate in the accommodation process, collaborate with employees to identify suitable accommodations, and implement them promptly.
Maintaining confidentiality: Employers must respect the privacy of employees requesting accommodations and ensure that any medical or personal information is handled confidentially.
Providing ongoing support: Employers should regularly monitor and evaluate the effectiveness of accommodations and make any necessary adjustments to ensure employees’ continued success in the workplace.
Educating and training staff: Employers should offer education and training to all employees on workplace accommodations and the significance of fostering an inclusive work environment.

Legal Remedies for Failure to Accommodate

Employees who think their employer has not provided reasonable accommodations or has discriminated against them based on their disability have several options for seeking legal remedies:

Filing a complaint with the Canadian Human Rights Commission or the relevant provincial human rights tribunal.
Pursuing a grievance through a union, if applicable.
Consulting with an experienced employment lawyer to explore the possibility of legal action against the employer.

By understanding the importance of workplace accommodations and adhering to best practices, employers can create an inclusive and accessible work environment that supports the success and well-being of all employees.

Overtime Pay Disputes

Overtime pay refers to the additional compensation employees receive for working beyond their standard hours, as established by federal or provincial employment standards legislation in Canada. The specific rules and rates for overtime pay depend on the jurisdiction and industry, but generally, employees are entitled to overtime pay when they work more than a set number of hours per week or per day. Overtime pay disputes can occur when employees feel they have not received fair compensation for their extra work hours.

Overtime Pay Disputes

Overtime pay disputes can arise from various situations, such as:

Misclassification of employees: Employers may mistakenly classify employees as exempt from overtime pay when they should be eligible under the applicable employment standards legislation.
Miscalculation of overtime hours: Employers may not accurately track or calculate an employee’s overtime hours, leading to underpayment.
Unpaid “off-the-clock” work: Employers may not compensate employees for work done outside of regular work hours, such as attending mandatory meetings or completing job-related tasks at home.
Disagreements over overtime rates: Employers and employees may not agree on the proper rate of overtime pay, resulting in disputes over compensation.

Addressing Overtime Pay Disputes

Both employers and employees can take several steps to effectively address and resolve overtime pay disputes:

Review relevant legislation: Employers and employees should familiarize themselves with the federal or provincial employment standards legislation governing overtime pay to comprehend their rights and obligations.
Maintain accurate records: Employers should implement timekeeping systems to accurately track employees’ work hours, while employees should keep their records of hours worked.
Open communication: Employers and employees should engage in open and honest discussions to address any concerns or discrepancies related to overtime pay.
Seek legal advice: If disputes cannot be resolved through direct communication, employers and employees may benefit from consulting with an experienced employment lawyer to understand their legal rights and explore potential remedies.

Legal Remedies for Overtime Pay Disputes

Employees who believe they have not received proper overtime compensation may seek legal remedies through various avenues:

Filing a complaint with the appropriate government agency, such as the Ministry of Labour or the relevant provincial employment standards branch.
Pursuing a grievance through a union, if applicable.
Consulting with an employment lawyer to explore the possibility of legal action against the employer for unpaid overtime wages.

By understanding the rules governing overtime pay and proactively addressing disputes, employers and employees can ensure fair compensation and maintain a harmonious working relationship.

Severance Package Negotiation

A severance package is a mix of monetary and non-monetary benefits provided to an employee when their employment ends. In Canada, severance packages may include salary continuation, lump-sum payments, continuation of benefits, outplacement services, and other entitlements. Canadian employment standards legislation establishes minimum requirements for severance pay, but employers may offer more generous packages to employees, depending on the circumstances of the termination.

Key Elements of Severance Packages

When negotiating a severance package, it’s important to consider various elements that can affect an employee’s financial well-being and future employment prospects. Some key elements of severance packages include:

Severance pay: The money paid to an employee as compensation for the termination of their employment, typically based on the employee’s length of service, position, and salary.
Continuation of benefits: Employers may offer to continue an employee’s health, dental, and other insurance benefits for a specified period after termination.
Outplacement services: Employers may provide resources or services, such as career counseling or job search assistance, to help the employee transition to new employment.
Non-compete and non-solicitation clauses: Employees should review any restrictive covenants in their severance agreement to ensure they do not excessively limit their ability to secure future employment.

Approaches for Successful Negotiation

Both employees and employers can use several strategies to negotiate a fair and mutually beneficial severance package:

Research and preparation: Both parties should gather information on industry standards, employment legislation, and the employee’s specific situation to inform their negotiation strategy.
Maintain open communication: Employers and employees should engage in honest, respectful discussions about their expectations and concerns related to the severance package.
Be flexible and willing to compromise: Both parties should approach negotiations with an open mind and be willing to make concessions to reach an agreement that meets everyone’s needs.
Consult with legal counsel: An experienced employment lawyer can provide valuable guidance and advice to both employers and employees during severance package negotiations.

Legal Aspects of Severance Packages

It’s essential for both employers and employees to understand the legal aspects of severance packages and ensure that any agreement reached complies with applicable employment laws. Employees should be aware of their minimum entitlements under employment standards legislation and ensure that their severance package meets or exceeds these requirements. Employers must ensure that severance agreements are legally enforceable and do not infringe on the employee’s rights.

By understanding the key elements of severance packages and employing effective negotiation strategies, both employers and employees can achieve a fair outcome that supports the employee’s transition to new opportunities.

Human Rights Complaints

In Canada, human rights legislation at federal and provincial levels aims to protect individuals from discrimination based on protected grounds, such as race, gender, disability, age, sexual orientation, and religion. These laws apply to various aspects of daily life, including employment, housing, and access to services. Employers have a legal obligation to ensure a workplace free of discrimination and to accommodate employees to the point of undue hardship.

Common Reasons for Human Rights Complaints

Human rights complaints in the workplace can arise from various forms of discrimination, including:

Hiring practices: Employers may discriminate against job applicants based on protected grounds, leading to unfair treatment during the hiring process.
Workplace harassment or bullying: Employees may experience harassment or bullying based on their membership in a protected group, creating a toxic work environment.
Failure to accommodate: Employers may neglect their duty to accommodate employees with disabilities or other special needs, resulting in discriminatory treatment.
Termination or retaliation: Employers may unfairly target employees for dismissal or retaliation due to their membership in a protected group or their assertion of human rights.

Filing a Human Rights Complaint

Employees who believe they have experienced discrimination in the workplace can take the following steps to file a human rights complaint:

Gather evidence: Collect any documentation or witness statements that support the claim of discrimination, such as emails, performance evaluations, or incident reports.
Determine the appropriate jurisdiction: Identify whether the complaint falls under federal or provincial jurisdiction based on the nature of the employer’s business.
File a complaint: Submit a formal complaint with the Canadian Human Rights Commission or the relevant provincial human rights tribunal within the specified time limit.
Participate in the process: Cooperate with the human rights agency during the investigation and mediation process, and be prepared to present evidence and arguments in support of the complaint.

Employer Responsibilities and Best Practices

Employers have a legal obligation to maintain a workplace free of discrimination and can take several proactive measures to prevent human rights complaints:

Develop and implement anti-discrimination policies: Create clear policies outlining the organization’s commitment to a discrimination-free workplace and the consequences for violating these policies.
Provide training and education: Offer regular training and education to all employees on human rights, discrimination, and the importance of fostering an inclusive work environment.
Address complaints promptly and effectively: Investigate any reported incidents of discrimination or harassment and take appropriate corrective action to resolve the situation.
Engage in the duty to accommodate: Work collaboratively with employees who require accommodations and make every effort to provide reasonable adjustments, up to the point of undue hardship.

By understanding human rights legislation and taking steps to create an inclusive and respectful workplace, employers can reduce the likelihood of human rights complaints and foster a positive work environment for all employees.

Workplace Safety Issues

In Canada, workplace safety is governed by a combination of federal and provincial laws and regulations that aim to protect workers from hazards and ensure their well-being on the job. These regulations cover various aspects of workplace safety, such as hazard identification, employee training, and emergency preparedness. Employers have a legal responsibility to provide a safe work environment and to comply with all applicable safety laws and regulations.

Common Workplace Safety Issues

Workplace safety issues can arise from a variety of sources, including:

Inadequate hazard controls: Employers may fail to implement appropriate measures to prevent or mitigate workplace hazards, exposing employees to unnecessary risks.
Insufficient training: Employees may not receive adequate training on workplace safety procedures, equipment use, or hazard recognition, increasing the likelihood of accidents and injuries.
Poor communication: Employers and employees may not effectively communicate about workplace hazards or safety concerns, leading to confusion and potential safety incidents.
Non-compliance with regulations: Employers may not adhere to applicable safety laws and regulations, resulting in an unsafe work environment and potential legal consequences.

Promoting Workplace Safety

Both employers and employees play a crucial role in maintaining a safe and healthy work environment. Some key strategies for promoting workplace safety include:

Conduct regular hazard assessments: Employers should regularly assess the workplace for potential hazards and implement appropriate controls to prevent accidents and injuries.
Provide comprehensive training: Employers should offer ongoing safety training to all employees, ensuring they are knowledgeable about safety procedures, hazard recognition, and the proper use of equipment.
Encourage open communication: Employers and employees should foster a culture of open communication, where safety concerns can be reported and addressed without fear of retaliation.
Monitor and enforce compliance: Employers should regularly review and enforce compliance with safety laws and regulations, as well as their internal safety policies and procedures.

Addressing Workplace Safety Issues

Employees who encounter workplace safety issues or believe their employer is not adequately addressing their concerns have several options:

Report the issue internally: Employees should first report the safety concern to their supervisor or the designated safety officer within their organization.
Contact a regulatory authority: If the employer does not adequately address the concern, employees can contact the relevant federal or provincial workplace safety agency to report the issue.
Consult with a union representative: Unionized employees can seek assistance from their union representative in addressing workplace safety concerns.
Seek legal advice: Employees may consult with an experienced employment lawyer to explore their legal rights and options in addressing workplace safety issues.

By understanding workplace safety regulations and taking proactive steps to promote a safe work environment, employers and employees can reduce the risk of accidents and injuries and create a healthier and more productive workplace.

Meet Our People

Angela Barrientos

Business Development Consultant

Putting Our Clients First

At Equity Law Firm LLP, our guiding principle is a client-centric approach, ensuring every individual we represent receives personalized attention and tailored solutions. As employment lawyers in Toronto, we understand the significance of fostering a strong attorney-client relationship built on trust and open communication. Our team diligently listens to the concerns of each client, working together to develop an effective legal strategy. By combining our extensive knowledge of Ontario employment law with our commitment to understanding our clients’ unique circumstances, we effectively advocate for their rights and pursue the best possible outcome. For those seeking reliable representation in Toronto, Equity Law Firm LLP stands out as a top choice for employment law matters.

Selecting The Right Employment Lawyer

Selecting the right Toronto employment lawyer is a crucial decision that can greatly impact the outcome of your case. When evaluating your options, it’s essential to consider factors such as experience, reputation, and client-focused approach. Equity Law Firm LLP is the ideal choice for those seeking exceptional legal representation in employment law matters. Our team of skilled lawyers possesses a wealth of experience in handling a diverse range of cases, ensuring that we’re well-equipped to tackle even the most challenging situations. With a strong reputation in the Toronto legal community, our commitment to putting clients first sets us apart from the competition. By choosing Equity Law Firm LLP, you’ll benefit from our expertise, personalized attention, and dedication to achieving the best possible results for your employment law case.

Our reputation as Employment Lawyers

Equity Law Firm LLP, based in Toronto, Ontario, has built a strong reputation as skilled employment lawyers. Our team is dedicated to protecting clients’ rights and interests in the workplace. We have a proven track record of success, navigating the complexities of employment law with precision and professionalism.

Our lawyers’ expertise spans a wide range of cases, from wrongful dismissals to workplace harassment. In Toronto’s competitive legal landscape, we consistently demonstrate our ability to achieve positive outcomes for our clients. Our approach is focused and strategic, allowing us to adapt to each unique situation effectively.

Equity Law Firm LLP’s commitment to excellence in employment law has earned us the respect of both our peers and our clients. When faced with challenging employment law issues, individuals and businesses in Toronto know they can rely on us for the highest level of representation.

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Our Location

Office Location

401 Bay St. Suite 1600, Toronto,
ON M5H 2Y4, Canada
Tel: +1 416 225 2598

Office Location

401 Bay St. Suite 1600, Toronto,
ON M5H 2Y4, Canada
Tel: +1 416 225 2598