When work is going smoothly the majority of people don’t think about employment laws. They work pay, have a good time, enjoy vacations, and attend an occasional frustrating meeting and then go on with their lives.
Legal issues often surface when the normal rhythm of work is disrupted. A promotion that was promised does not materialize. A manager’s behavior is more uncomfortable. The employee assumes a new role when they return from medical leave. An employee’s complaint to HR can make things worse, not better. The end of a long career can come abruptly by a letter of expulsion. A lot of employees are amazed by how easily a problem at work can result in another.
If you have a Workplace Conflict Doesn’t have A Simple Name
Let’s say an employee has been at the same firm for seven years. An employee who has raised concerns regarding inappropriate remarks made by an employee notices a change after bringing up the issue. Meetings happen without them. Important assignments are lost.
Do you think it is a case of harassment or a reprisal, discrimination or even dismissal? There may be more than one aspect to be considered. Anyone who is facing workplace harassment in Toronto should not assume that the events following an incident were not related. In determining the legal remedies available, it is important to look at the sequence of events and specific facts.
The work can be terminated without an official notice of termination.
Employees can be involved in disputes over employment without their employer saying “You’re dismissed”. A substantial salary cut, demotion or major shift in job responsibilities can leave the person wondering if the company has replaced the original employment agreement with something fundamentally different.
It may also result in questions about the Ontario law regarding constructive dismissal. Dismissal based on constructive is contingent upon the factual circumstances. Not all frustrating assignments, managerial choices, or workplace adjustments are eligible for this type of dismissal. People who plan to quit due to an important change must be cautious when assuming they already know what the legal requirements are.
If you lose your job, different questions arise
It is typically the first thing to come to mind when employment ends. “How much is my severance?” sounds like a straightforward question, but there’s not a universal answer. Employment contracts or applicable laws, duration of service and compensation, among other factors, can affect an employee’s rights.
Someone searching for a severance pay lawyer near me may benefit from having the entire termination package reviewed rather than focusing only on the number of weeks offered.
The wrongful dismissal Ontario is not only an issue where an employee believes that the dismissal was arbitrary. The legal review may include whether or not the termination was fair in addition to the amount of compensation and the notice provided.
Some employees are covered under an alternative legal framework
A detail that is easily forgotten is the nature and size of your employer. Many Ontario employees are controlled primarily by provincial laws on employment. Certain industries, however, are federally controlled. Federal law may apply to workers in certain sectors, such as banking and telecoms.
Unionized employees can face additional issues involving representation, human rights, and obligation of fair representation claims. Knowing the legal framework that applies to disputes involving employment is important.
Employment Law is about the entire Relationship
HTW Law has been serving the Greater Toronto Area for over 20 years and has handled matters relating to employment in Ontario. The practice of HTW Law includes dismissals that are unlawful and constructive, severance, workplace harassment, discrimination, harassment, reprisal, disability discrimination, HRTO and OLRB matters as well as related human rights issues. The firm also helps with specific issues involving federally-regulated employees throughout Canada.
It’s sometimes difficult to classify workplace conflicts. Unrest over working conditions may turn into an accusation of harassment, a significant change in employment or even termination.
Understanding how those events connect can be just as important as understanding what transpired on the employee’s final day.