If work is going well the majority of people don’t think about the law governing employment. Most people don’t think about employment law if work is going smoothly.
Legal questions tend to surface as the routine of work slows down. A promotion that was promised never comes through. A manager’s behaviour becomes more uncomfortable. An employee returns from medical leave and assumes new duties. An appeal to HR seems to make matters more difficult rather than improved. Or a long career suddenly ends with a termination letter. It’s often a surprise to employees how quickly workplace issues can become interspersed.
If a Workplace Dispute Doesn’t Have A Simple Name
Imagine an employee who has been working for the same company for seven years. After raising concerns about insensitive comments made by a manager, the employee notices a change. Meetings are held without them and crucial assignments are canceled. In a couple of months they are fired from their position.
Are you facing a matter of harassment, reprisal, discrimination, or dismissal? There is a chance that more than one legal issue might need to be considered. Someone experiencing workplace harassment Toronto shouldn’t assume that events occurring after a complaint are unrelated. The order of events and the specific facts can be vital when determining what legal options are available.
It is possible to switch jobs without putting an end to the employment.
Employees may have a dispute with their employer without the employer saying “You’re dismissed”. A significant salary cut, demotion or a significant change in job responsibilities can leave the employee wondering if their employer is replacing the original employment contract with something entirely new.
This can lead to questions regarding the Ontario law on constructive dismissal. Constructive dismissal is fact-specific. Not every frustrating assignment, decision by management, or change in the workplace is eligible for. Employees who are considering resigning due to a major change should therefore be careful not to assume they already know the lawful answer.
Losing a Job Creates Different Concerns
When a relationship with a company ends, the focus is often on the money. The question “How much should I get for severance?” may sound straightforward however, the answer isn’t always the same. Employment contracts, applicable legislation as well as length of service compensation and other circumstances can affect an employee’s potential entitlements.
Someone searching for a lawyer who handles severance payments in my area could gain from having the whole the termination plan reviewed instead of just focusing on the amount of weeks provided.
Likewise, wrongful dismissal Ontario does not mean that the employee feels that the decision was unfair. A legal review could be about whether a proper notice or compensation was given, and what impact the employment contract is on these obligations.
Certain employees are subject to A Different Legal Framework
A detail that is often overlooked is the size and nature of the company you work for. Ontario’s employment law is the primary source of regulations for a lot of employees. Certain industries are federally-regulated. Federal law may be applicable to workers in certain industries including banking, and telecommunications.
Employees who are unionized may face additional concerns involving representation as well as human rights and obligation of fair representation claims. It is vital to know the nuances of the circumstances of a dispute regarding employment and to determine the applicable legal framework.
The whole relationship is at the core of employment law
HTW Law, a Toronto-based employment law firm, provides services to the Greater Toronto Area as well as Ontario. Its practice includes wrongful and constructive dismissal, severance, workplace harassment, discrimination, harassment, the discrimination against disabled people, HRTO and OLRB matters as well as related human rights issues. The firm also helps with certain issues that involve federally regulated employees across Canada.
Workplace disputes aren’t always tidy enough to be put under a single heading. The initial disagreement over working conditions could escalate into a claim of harassment, a change in employment, and ultimately termination.
Understanding these events and how they connect is just as important to understanding what happened in the days leading up to an employee’s termination.