Employment Law

We act for both employees and employers involved in workplace matters.

For employees, we handle constructive and wrongful dismissal claims. We also review employment contracts and severance packages.

Constructive dismissal can happen when an employer makes a very significant change to an employee’s job. For example, this could be a reduction in wages, a 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. It is impossible to give an exact definition, it is necessary to review the facts of each individual case.

Wrongful dismissal happens when an employee is terminated without “just cause” and is not given enough working notice or pain lieu of notice.

"Just cause” is very serious misconduct that warrants immediate dismissal.

The amount of notice to which any employee is entitled will vary 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 everyone else, it is necessary to look at court decisions to see how much notice judges have awarded in comparable cases. This is most easily done by accessing databases of wrongful termination decisions.

For employers, we offer strategic advice on all personnel matters, including dealing with the “difficult” employee. We offer advice on employment contracts, non-compete and non-solicit agreements, and confidentiality agreements. We will also offer advice on fair severance packages, and will defend wrongful dismissal lawsuits.