We act for both employees and employers involved in workplace matters.
For employees, we handle constructive and wrongful dismissal claims, and review employment contracts and severance packages.
Constructive dismissal can happen when an employer makes a very significant change to an employee’s job, like a wage reduction, change of working hours, or a change in duties. To rise to the level of constructive dismissal, the change must result in substantial alteration of the original job. Constructive dismissal is complex, so we carefully and deliberately review the facts of each individual case.
Wrongful dismissal occurs when an employee is terminated without “just cause” and is not given sufficient working notice or pay in lieu of notice. “Just cause” is a very serious misconduct that warrants immediate dismissal.
The amount of notice to which an employee is entitled varies according to several factors. In Ontario, employees with no special skills or training, and no managerial responsibilities, are covered by the Employment Standards Act. For others, prior court decisions are consulted to see how much notice has been awarded in comparable cases.
For employers, we offer strategic advice on all personnel matters, including dealing with the “difficult” employee. We advise on employment contracts, non-compete and non-solicit agreements, and confidentiality agreements. We also counsel on fair severance packages, and defend wrongful dismissal lawsuits.