Ottawa Employment Lawyers
At SG Injury and Employment Law, our focus is assisting clients in Ottawa and Eastern Ontario with matters related to employment law. In Ontario, employment law is the area of law that applies to non-unionized employees, while “labour law” is the area of law that applies to unionized employees”. Different laws apply depending on whether an employee is unionized or not.
Our employment team can assess your case and explain the options and potential outcomes of proceeding with a legal action. We assist employment law clients with claims or matters related to wrongful dismissal, termination payments, employment contracts and constructive dismissal, among other areas of employment law. Our team will help you through your employment issues as effectively and efficiently as possible when you contact our law office.
Ontario Employment Law Legislation
In employment law, jurisdiction is shared between the federal and provincial governments. Different legislation applies for federally-regulated industries (such as banking, railways, and radio and television) than for employees who fall under provincial jurisdiction. Federal legislation that applies to federally-regulated employees includes the Canada Labour Code , which covers matters such as labour relations, occupational health and safety, and minimum standards of employment including minimum wage and working hours, and the Canadian Human Rights Act .
The majority of employees in Ontario are governed by provincial legislation. In Ontario, the Employment Standards Act, 2000 (“ESA”) sets out the minimum standards for employees working in the province. The ESA establishes minimum standards on matters as minimum wage, work hours, vacation, termination and severance pay. While employers and employees may agree on greater entitlements for employees than those provided under the ESA, the minimum standards cannot be contracted out of. The ESA is one of many provincial statutes that regulates employment law in Ontario. Other provincial statutes include the Human Rights Code , the Pay Equity Act , and the Occupational Health and Safety Act .
All employment relationships are based on contract. The contract can be in writing, or it can be an oral agreement. The terms can be express or implied. An employment contract can provide an employee with greater entitlements than under the ESA. The parties cannot, however, contract out of the statutory minimums. If there is no written contract, then the common law will apply.
If there is no written employment agreement, then in many instances the common law will apply (such as in determining the amount of reasonable notice or termination pay). There are also certain areas of employment law where the common law exclusively applies, such as the law of constructive dismissal.
Do You Need an Ottawa Employment Lawyer?
Employment law is a complex area of the law. It covers a broad range of topics, including wrongful dismissal, constructive dismissal, and summary dismissal. If you have been terminated from your job, or have another employment law issue, contact one of our employment lawyers today for a free consultation when you complete our online contact form, or give our office a call at (613) 518-2418.