EMPLOYMENT LAW

Dealing with harassment, discrimination, or a termination from a workplace can be stressful. The workplace is where we spend a large part of our adult lives, and financial and social ties often make the workplace a second home. This makes it even more difficult for people to battle their workplace for their legal rights.

We have extensive experience in employment law. Whether you are a small family business or worked for a large, recognized company with deep pockets, we can help you.

Many employees try to right a situation without involving an employment lawyer. However, employment law is a complex field. You may fail to take advantage of a law that could help your claim. It is also possible that you may do or say things that could negatively impact your potential claim.

Employment law matters are fact-intensive and the level of documentation required can be stressful. Our employment lawyers can help you understand what facts you need to collect and present to achieve a favourable outcome.

Wrongful Dismissal

Wrongful dismissal is a legal phrase. It describes a circumstance where the employer’s manner of termination makes up a breach of the employment agreement.

Whether you are a part-time, full-time, temporary or permanent employee, your employment relationship is governed by the terms of an employment contract that you entered into with your employer. Whether or not written, employment contracts contain a contractual term that requires an employer to provide you with advance notice prior to terminating your employment.

The reason employers must give you advance notice is because you need time to prepare for the end of their employment and seek other employment opportunities.

Wrongful dismissal can occur in various ways. The following are some of the most common circumstances where you need to contact a wrongful dismissal lawyer in Toronto:

  • An employee is terminated without cause and without reasonable notice;
  • An employee is terminated without cause and without any notice; and
  • Employer wrongly alleges cause for termination.

Constructive Dismissal

The employer may change your work environment to make the workplace unbearable. This is often to get you to quit and abandon your entitlement to notice. These tactics are sometimes used by employers to remove employees without providing notice or payment in lieu. When an employer unilaterally changes an essential term of the employment contract, an employee may be able to claim constructive dismissal. 

Here are some changes that may be red flags to you:

  • Material changes to the job description (i.e. hours of work, different roles);
  • Demotion;
  • Reduced compensation;
  • Assign tasks that are unreasonable; and
  • Creates a hostile workplace (excluding you from social events; gossip; rumours)

In other words, the employer made a change that made it reasonable for an employee to resign, which the court may see as a wrongful dismissal by the employer.

Did any of the above apply to your case?

In constructive dismissal cases, you may have to prove that the conduct of its employer fundamentally and unilaterally altered the employment relationship.

You may then claim damages in the form of notice (or ‘severance’) pay. Pursuing a constructive dismissal claim may entitle you to significantly more in damages than with severance pay.

If you feel that you are being pressured to quit, please talk to a lawyer before taking any steps.

Human Rights

The BC Human Rights Code, the Canadian Human Rights Act, and the Canadian Charter of Rights and Freedoms protect employees and others from discrimination and/or harassment on the basis of:

  • race,
  • place of origin,
  • colour,
  • ethnic origin,
  • citizenship,
  • creed,
  • sex,
  • sexual orientation,
  • gender identity,
  • age,
  • family status, or
  • physical/mental disability.

This may also extend to cases of discrimination based on pregnancy, maternity or paternity leave.

Discrimination can be obvious and blatant. It can also be covert and subtle. If you feel your employer may have discriminated against you because of the reasons above, please speak to a human rights lawyer at Allan Benson & Partners.

Human rights issues in the workplace may also arise if you believe they terminated you for one of the discriminatory reasons above.