Employment Law

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OVERVIEW

Our experienced team of employment law lawyers acts for both employers and employees on a wide range of legal issues. Our lawyers provide full employment law services, including advice on employment contracts, workplace communications and bulletins, workplace health and safety management, legal issues, and strategies. We also represent our clients in legal proceedings, negotiations, mediations, arbitrations, and other forms of dispute resolution.

 Our lawyers routinely appear for employees and employers at:

  • The Ontario Human Rights Commission;
  • Employment Standards Hearings at the Ministry of Labour;
  • the Ontario Superior Court of Justice, and
  • the Ontario Court of Appeal;
  • Ministry of Labour Provincial Claims;
  • Ministry of Labour Occupational Health and Safety Claims;
  • Workplace Safety and Insurance Board; and
  • Workplace Safety and Insurance Appeals Tribunal.

SERVICES

Members of the Employment Law Group work with our clients from the inception of employment, during the course of the employment relationship, and upon termination of employment on various issues that include:

  • hiring practices and procedures;
  • drafting and assessment of employment contracts;
  • advising on practical solutions on rights and obligations on employee's rights and employer's obligations under the Employment Standards Act, 2000, and at common law;
  • advising on issues of sexual and verbal harassment during the course of employment;
  • drafting severance or compensation packages for employers;
  • consulting on the appropriateness of severance packages for employees;
  • assisting employers with compliance with labour legislation with respect to mass termination of employees;
  • providing guidance for human resources managers and executives to conduct termination meetings to ensure proper procedures properly are followed to minimize litigation risk;
  • assisting in locating skills assessment offices, retraining programs, and placement consultants for out-placement counselling for departing employees;
  • negotiating resolutions of disputes with respect to severance or compensation packages for both employer and employees;
  • advancing or defending complaints filed with the Ministry of Labour;
  • advancing or defending constructive and wrongful dismissal actions at all levels of court and
  • providing assistance with workplace health and safety matters, including effective management of WSIB matters that reduce direct costs for employers, resulting in fewer lost days due to work injuries. Through proactive involvement and management of WSIB claims, audits and classification reviews, employer premiums can be greatly reduced. Also, our practice group provides assistance in compliance with the Workplace Safety Insurance Act and
  • advancing or defending human rights code complaints brought within civil actions or at the Ontario Human Rights Commission in accordance with the recently amended Ontario Human Rights Code.

 In addition, the Employment Law Group assists employers and employees with issues surrounding the following:

  • Alcohol and drug testing, diversity and harassment policies;
  • Enforcement of non-solicitation and non-competition agreements and defamation issues in relation to the employment relationship.

CHAIR(S)

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FIRM CASES

PUBLICATIONS

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A employment thumb original An Employer's Right to Dismiss an Employee is not Absolute

The court found that the plaintiff was wrongfully dismissed from her employment because a provision contained in her employment agreement...

A employment thumb original Compensation expectations for long-term employees terminated - Case Study: Williams v. Air Canada

Employers must be wary of what compensation long-term employees are entitled to in lieu of notice when laid off during times of economic uncertainty. The entitled compensation will likely not be the statutory minimum in applicable provincial and federal employment legislation. In Williams v. Air Canada, 2022 ONSC 6616, the Ontario Superior Court granted summary judgment in favour of an Air Canada employee who was dismissed without cause, awarding $132,772.33 in lieu of a 24-month notice period.

A judge thumb original Nuances Between Judge-Alone and Jury Trials

During the COVID-19 pandemic, the courts were unable to hold jury trials for many civil claims, particularly MVA and tort cases. This ended in May 2022, and jury trials for civil cases have since resumed. During this time, many decisions proceeded before only a judge. This paper will outline the major differences between judge-alone and jury trials.