EMPLOYMENT LAW

FIGHT FOR YOUR RIGHTS

In Ontario, there are specific laws that govern many aspects of the employer-employee relationship. These laws were established to offer workers protections that contribute to their overall well being while on the job. Even though there are laws in place to protect your rights as an employee, you may still find that you’re involved in a dispute with your employer. This conflict could have an adverse impact on your wages, benefits, long-term career potential, and quality of life. That’s where we come in. We fight for your employee rights to ensure that you get the compensation you are entitled to should you be involved in an employment law dispute.

WRONGFUL DISMISSAL

Wrongful dismissal is made out if an employee is dismissed:

  1. Without cause; and

  2. Without notice.

The definition of just cause is not subjective, i.e. based on the discretion of the employer. An employer simply cannot advise an employee that he or she has been fired for just cause without following the legal definition of just cause. Some of the causes that can constitute just cause includes harassment, failing to show up on time on a regular basis, theft, fraud, lying, and similar types of behaviour.

Reasonable notice or pay in lieu thereof depends on statutory, contract, and common law principles. Deference will be given to the employment contract over the statutory and common-law principles, if it provides for greater notice. If the employment contract is silent then statutory and common law dictates what constitutes reasonable notice. Generally, reasonable notice for non-management positions is one week for every year of service. For management positions, reasonable notice is one month for every year of service. Employers have the discretion to provide the employee with pay, for the required notice period, in lieu of notice. Call  Danish Shah for a free consultation (905) 338-2300.

CONTACT US

 Marler Law Firm

102 Lakeshore Road East Oakville, ON L6J 6N2

Phone: (905) 338-2300   |   Fax: (905) 338-6413     

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