The majority of people don’t think too much about the law governing employment when work is going well. They go to their jobs pay, have a good time, enjoy vacations, attend a unpleasant meeting, then go on with their lives.
Whenever the normal rhythm of working is disrupted it can raise legal issues. A promised promotion doesn’t happen. A manager’s behavior becomes increasingly uncomfortable. Employees return on medical leave but in new duties. The situation gets worse when you report the issue to HR. Or, a long-standing career ends suddenly with a termination notice. It is surprising to many employees to see how quickly work-related problems can intersect.
When a Workplace Disput doesn’t have an easy name
Consider an employee who has worked for the same firm for seven years. The employee who voiced concerns over inappropriate comments made by an employee notices a change after bringing up the issue. Meetings can be held without notice. Critical assignments are omitted.
Do you think it’s a case of harassment, reprisal, or discrimination? It is possible that more than one legal matter might be relevant. If you are experiencing harassment at work in Toronto, don’t assume the events that occur following your complaint do not have any relationship. When considering legal options, it is important to look at the sequence of events as well as specific details.
It is possible to change jobs with no loss of employment.
Even if an employer does not state “You have been fired” A significant cut in wages, a major alteration in the description of work, or an important shift in the duties of employees could make them wonder if they’ve been replaced by some other person.
This can raise questions about the law in Ontario on constructive dismissal. Constructive dismissal depends on the facts. Not all difficult assignments, workplace changes, and management decision-making meet the criteria for. It is crucial that those who are contemplating quit due to significant changes don’t assume that they are aware of what the law states.
A job loss can bring about a variety of Questions
When employment actually ends the focus is usually immediately to financial. It could be an easy one: “How much severance do I get?” But there is an answer that can be applied to every situation. Employment contracts and the applicable laws can impact an employee’s possible rights.
Someone searching for a lawyer for severance pay near me could benefit from having the entire termination package reviewed rather than just focusing on the amount of weeks provided.
Likewise, wrongful dismissal Ontario doesn’t simply mean an employee believes the termination was unfair. Legal review includes an assessment of whether the employee received sufficient notice or compensation, and what influence an employment contract will have on the obligations.
Some employees are covered by a different legal system
A point that is often overlooked is the size and nature of your employer. Ontario’s employment law is the primary source of regulations for a lot of employees. Certain industries are regulated by the federal government. employees working in fields such as banking, telecommunications, railways and airports could be subject to rights and procedures arising under federal law.
The unionized employee may also face issues related to representation rights, human rights and obligation of fair representation claims. Knowing which legal framework applies is therefore an essential part of understanding an employment dispute.
Employment Law Is About the Whole Relationship
HTW Law has been serving the Greater Toronto Area for over 20 years. It handles employment issues in Ontario. Its practice covers constructive and wrongful dismissal of employees, severance from employment, workplace harassment as well as sexual harassment, discrimination, reprisal, disability discrimination, HRTO and OLRB matters as well as related human rights concerns. The firm also assists with certain matters involving federally regulated employees throughout Canada.
It’s often difficult to categorize workplace disputes. An argument over work conditions can lead to an accusation of harassment, a significant change in the employment status or even termination.
Understanding how those events connect can be just as important as knowing what transpired at the end of the day for the employee.