Employment Law Assistance:

Question: What rights and duties under Ontario employment law apply when an employee is dismissed or disciplined?

Answer: In Ontario, employment law sets out baseline protections for employees and duties for employers, including rules under the Employment Standards Act, 2000, S.O. 2000, c. 41 (like notice, termination pay, and certain leave entitlements), plus obligations under the Human Rights Code, R.S.O. 1990, c. H.19 (no discrimination and accommodation duties) and safety-related requirements under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1   The common law also covers topics like reasonable notice and wrongful dismissal claims, and the outcome often depends on the specific facts, the written and oral promises made, and whether the employer had just cause for discipline or termination.   For practical next steps and to get your situation organized for an employment-law discussion in Ontario, Sharda Paralegal can help you understand the issues and options (not licensed legal practice) by pointing you to the right resources and next questions to ask, call .

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Understanding Rights and Duties Within Employment Relations

The various disputes and lawsuits that may arise from employment relationships are more and more frequent in the world today as long gone are the days of substantial loyalties between employer and employee whereas times have changed since days when a boss would be a dinner guest or a gold watch was given to a thirty (30) year employee.

What Is Employment Law

Employment law applies to employment relationships without unionization as opposed to circumstances where an employment relationship involves unionization as is subject to labour law.

Generally, principles within the employment law realm will favour and benefit an employee rather than employer.  The laws general favouring of employees arises from the view that employees are more vulnerable throughout the employment relationship, including when seeking work, when negotiating raises, when subjected to discipline, and when terminated.  Essentially, the law presumes that employers possess a greater level of legal sophistication, a stronger bargaining position, and a greater financial capacity to participate within legal disputes.  Accordingly, the law provides various protections that attempt to balance the playing field to the benefit of employees.

Employment law involves both statute law, being the law established by government legislation as well as common law, being the law established by judicial precedent decisions.  The laws applicable to an employment relationship are many and include, among others:

• The Employment Standards Act, 2000, S.O. 2000, Chapter 41;
• The Human Rights Code, R.S.O. 1990, c. H.19;
• The Occupational Health and Safety Act, R.S.O. 1990, c. O.1;
• The Pay Equity Act, R.S.O. 1990, c. P.7;
• The Workplace Safety and Insurance Act, 1997, S.O. 1997, Chapter 16, Schedule A; and
• The tens of thousands of previous case decisions that constitute as the common law.

Representation

Help may be available to either employers or employees on a variety of issues and arising from a broad spectrum of employment environments including industrial, construction, professional, administrative, health care, retail, among other sectors.