Canadian Employment Law Topics on this page:

Canadian Employment Law:

Employment law involves the legal rights and obligations that regulate all aspects of the workplace relationship between employers and employees. It includes issues such as:

  • hiring,
  • contractual agreements,
  • wrongful dismissal,
  • health and safety,
  • human rights,
  • employment standards,
  • retirement,
  • benefits,
  • workers compensation, etc.

 

Canadian Employment Law - Wrongful Dismissal

A dismissal becomes a wrongful dismissal where the employer dismisses without just cause, and does not provide notice or pay in lieu of such notice as is required at law.  What notice is required upon dismissal is determined with reference to one or more of the following: relevant employment legislation, the contract of employment itself, or the common law.

 

Constructive dismissal occurs where the employer significantly changes a fundamental term of the employment contract without the consent or agreement of the employee,  and the employee then rejects that change.  Constructive dismissals are very technical, and you will need immediate legal advice to preserve your rights.

 

Generally, the employer may dismiss for any reason, but if there is no just cause, then to avoid wrongful dismissal, the employer must provide the notice or pay in lieu of notice required by law.

Canadian Employment Law - Termination without Cause

In contrast to wrongful dismissal, termination without cause is lawful if done correctly. Termination of employment without cause occurs where an employee is terminated from their employment, not necessarily because they have done something terribly wrong to the employer, but rather because their employer, for whatever reason, has decided that the employee's services are no longer needed. The reasons for this could vary from economic reorganization to unsatisfactory work performance.

 

Canadian Employment Law - Filing a Complaint or Suing

There are a number of options available to an employee who has been wrongfully dismissed. Legal advice should be sought at this point as the laws are complicated.


Canadian Employment Law - Workers' Compensation Boards in Canada

Workers Compensation Insurance is mandatory for all Canadian employers. Workers' Compensation insurance protects employers from claims resulting from injuries to employees. It protects businesses from lawsuits and provides employees with compensation for on-the-job injuries.

 

 

Canadian Employment Law - Ontario Bill 168, Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace) 2009

Bill 168 became law on June 15, 2010, and it represents a significant change in how, and to what extent, both workplace violence and workplace harassment are regulated in Ontario. It also broadens the definitions of workplace violence and places new requirements on Ontario employers.

Requirements for Ontario Employers

The law breaks down into a series of steps that every employer must take. These include:

  • Develop written policies that are posted with respect to workplace violence and workplace harassment.

  • Conduct a risk assessment for workplace violence.

  • Develop a workplace violence and harassment program.

  • Incidents or threats of workplace violence must be reported to the employer or supervisor.

  • Establish practice of how the employer investigates and manages incidents, complaints, or threats of workplace violence.

  • Reassess policies and programs.

  • Train employees in these policies and procedures.

  • Employee refusal to work where he/she has reason to believe that he/she is in danger of being a victim of workplace violence.

 

Canadian Employment Law - What is workplace violence?

Under Bill 168, workplace violence is defined as:  

  • The exercise of physical force by a person against a worker in a workplace that causes or could cause physical injury to the worker;

  • An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker; or

  • A statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. 

  •  

Canadian Employment Law - Extended Definition of Workplace Harassment

Bill 168 broadens and extends the definition of workplace harassment beyond what is presently covered under the Ontario Human Rights Code. The Human Rights Code has long prohibited harassment in the workplace based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, family status, or disability.

Traditionally, harassment that was based on other, non-protected grounds was not actionable, unless the employer had extended additional protection by way of policy or it had agreed, as part of the collective bargaining process with a union, to incorporate broader protection in a collective agreement. Bill 168 changes this because it requires employers to treat harassment based on non-protected grounds in the same manner as harassment based on Code-protected grounds.

Bill 168 defines workplace harassment as engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome and not already protected under the Human Rights Code.

 

Directory



Home

Canadian Law News

Lawyer Locator

Twitter Facebook Google +


Free Lawyer Listing

logoModern Law:

Law Overview

Dictionary

Aboriginal

Abortion

Administrative

Admiralty/
Maritime


Adoption


Agriculture

Antitrust/
Trade

Appellate Practice

Arbitration/
Dispute Resolution


Aviation/
Aerospace


Banking/
Business

Banking Access

Bankruptcy/
Insolvency

Bankruptcy History

Clarity Act

Communications

Constitutional

Construction

Consumer Protection

Contracts

Corporate

Criminal

Dating Violence

Dealing with Lawyers

Debt Collection

Divorce

Elder Law

Employment & Labour

Environmental

Family

Family Violence

Finance

Franchises

Fraud

Good Samaritan Laws


Government

Gun Laws

Hate Laws

Health & Medical

Human/Civil Rights

Information Technology

Immigration

Impaired Driving

Insurance

Intellectual Property

International

International Trade

Investments

Jury Duty

Legal Malpractice

Libel & Slander

Medical Malpractice

Mergers/
Acquisitions

Military

Paternity-Testing


Personal Injury

Poverty Law

Privacy & Access to Information

Products Liability

Professional Liability

Real Estate

Sharia Law

Snowbirds

Stalking

Starting a Business

Steps in a Lawsuit

Taxation

Transportation

Trusts & Estates

Unions

Whistleblowers

Wills And Probate

Witnesses

Workers Compensation


Young Offenders

Canadian Law Apps

logoAncient Law to the Present:

Hammurabi's Code

10 Commandments

Ancient Greece

Ancient Rome

Christian Influence

Justinian's Code

Magna Carta

Royal Proclamation 1763

Code Napoleon

British North America Act

Constitution Act, 1982

logoLegal Organizations:

Bar Associations

Courts

Governments

Law Schools

Law Societies

Legal Aid

logoLawyers:

Business Lawyers

Criminal Lawyers

Employment / Wrongful Dismissal Lawyers

Family / Divorce Lawyers

Immigration Lawyers

Impaired Driving Lawyers

Insolvency Lawyers

Personal Injury Lawyers

Real Estate Lawyers

Wills Estate Lawyers

List your Law Firm

Publish your Articles

logoDirectory:


Send to a Friend


Privacy Policy

About us