The hiring process is an important part of establishing an employment relationship. The Ontario Human Rights Code applies to the entire employment process, from the creation of a job title and description to termination of employment. When it comes to signing a new employment contract, here are some of the most frequently considered provisions: Employers are strongly advised to consult with a lawyer specializing in employment law before terminating an employee for cause. Similarly, employees who have been dismissed for cause should consult a labour lawyer if they suspect that their employer did not have sufficient grounds to justify dismissal for cause. Termination of your employment relationship in this situation may constitute an unlawful dismissal that entitles you to compensation. A settlement agreement is a written contract that sets out the terms of an employee`s departure and departure. Among other things, it will generally include a „full and final release” of any legal claims the employee may have against the former employer against the payment of a sum of money (i.e., severance pay) to the employee. However, beyond severance pay, there are other important provisions that are typically included in a separation agreement, including: In this blog post on employment law, we discuss and inform you of some frequently asked questions on various topics. If an employee or potential employee believes that their human rights have been violated or discriminated against, they can file a human rights complaint with the Human Rights Tribunal of Ontario (HRTO) – their job is to resolve complaints of discrimination and harassment under the Ontario Human Rights Code. Ultimately, it`s best to understand the Ontario Human Rights Code, make sure your practices are consistent, and promote non-discriminatory employment practices. (7) A neutral „reference letter” in which the employer undertakes to confirm to potential employers only the data relating to the employment and the job title and not to provide any other information about the employee`s employment or the circumstances of the dismissal. In principle, there is an obligation to mitigate damage.
In other words, the employee must actively seek alternative employment and be prepared to demonstrate your reasonable efforts to find another job. A dismissed employee has the right to search on site. He is not expected to uproot his family and move because there may be a job available in that area. In addition, a terminated employee has the right to seek employment in his or her own or related field. While some flexibility may be commensurate with expectations, the laid-off worker in a skilled or high-skilled field is not required to accept a minimum wage position that prepares fast food just to mitigate its damage. Employers should only terminate an employee on sick leave under the direction of a labour lawyer. The employer must prove by evidence that the employee`s disability was not a factor that led to the dismissal (for example, if the company dissolves and all employees are laid off). If an employer proves to an employee that there was serious misconduct that undermined the root (or nature) of the employment relationship, it may dismiss the employee „for cause” by failing to give notice or financial severance pay.
Examples of termination for cause include: Financial severance pay is a combination of money and benefits (severance pay) that a former employer pays for the termination of an employee. The amount of severance pay and benefits in a severance package (or settlement agreement) is usually determined by an enforceable termination clause in the employment contract. Otherwise, an employee`s severance pay is determined at common law, taking into account age, length of service, position and availability of similar employment. Once agreed, an employee`s financial severance package often includes several different elements, such as unpaid wages and vacation, base salary, payment of accrued bonuses (incentive pay), pension plan, and health benefits. There is no minimum rule or time, but employers should give employees a reasonable amount of time to review an employment contract so they can seek independent legal advice if they wish. In general, a few days should be considered a minimum. The period of suspension shall not be taken into account in the two-year payback period. This means that if part of the initial recovery period overlaps with the suspension period, the recovery period has been extended and a labour standards officer can issue an order to pay any unpaid wages that may be owed to you for an extended period of time.
If an employment contract is submitted/signed after an employee has previously worked for the employer, the employer must give the employee something valuable (legally called „consideration”), such as a signing bonus, to make the contract enforceable. The determination of the appropriateness of such a consideration will vary in each case. It is recommended to consult an employment lawyer before submitting employment contracts to existing employees. To understand a termination letter or severance pay, you often need to understand the impact on your company`s pension plan. If you feel that your employer is not fairly compensating you for your pension in your severance pay, please call Bune Law to discuss your rights and options. To speak with an experienced employment lawyer, please call 647-822-5492. Author`s Note: This article was written to address issues raised by provincially regulated employees in a non-unionized environment. You should look for work as soon as possible. The courts have ruled that in the event of dismissal, you are obliged to look for work and accept a job if it is comparable to your last job. However, the compensation for the new job can somehow offset the amount you are entitled to in a wrongful dismissal action. Although many employers have an employee handbook that typically includes different employment policies, it is not a mandatory requirement.
However, some employment policies are needed, such as an anti-harassment policy and program in the workplace. The Ministry of Labour can fine employers who do not have binding policies or who do not keep them up to date. SV Law`s team of experienced lawyers is available for all matters relating to employment law. If you have any questions or feel you have been treated unfairly, contact us here or call toll-free at 866-316-9569. (Link number in MailChimp) An employment contract (or „employment contract”) defines the legal rights and obligations in an employee`s relationship with his or her employer (the company for which he or she works). Generally, the reason an employer requires an employee to sign an employment contract is to reduce the amount of future severance pay that the employer must pay if they leave their employment. For this reason, an examination with a lawyer on an employment contract is essential. If you have any questions about your claims, you can contact a lawyer. Yes. Unionized workers are subject to a collective agreement and the Ontario Labour Relations Act. A collective agreement is a written agreement that sets out the terms and conditions of employment of unionized workers. The union and employer must also provide a copy of the agreement to the Minister of Labour.
Collective agreements are published on the Collective Agreements e-Library website. If an employee does not have an employment contract with a carefully drafted termination clause, the courts may decide that reasonable termination is necessary. The appropriate notice period is determined on a case-by-case basis and depends on the circumstances and a number of factors such as seniority, age of the worker, type of employment and availability of comparable employment. You can reasonably read more about the common law in our article here. The hiring of an employee creates a contractual relationship with that person, whether that contract is oral or written. Employment contracts define the employee`s expectations and requirements. An employment contract should always be kept up to date and reviewed annually to ensure it is accurate and up-to-date. The contract must specify: implied termination is sometimes referred to as „forced resignation”.
A de facto dismissal may exist if (i) the employer has violated an express or fundamental provision of the employment contract, which may or may not be written, or (ii) the employer`s conduct indicates a clear breach of the employment contract. In both cases, the employee can terminate the employee`s employment because of the employer`s conduct and claim that the resignation was not voluntary and that it is in fact a termination. It is up to the employee to prove that he has been dismissed in a disguised manner. If the action for de facto dismissal fails, it is established that the worker has voluntarily terminated the employment relationship and is not entitled to unlawful compensation for dismissal. Examples of behaviours that can lead to constructive dismissal include: downgrading, a significant reduction in remuneration or intolerable employment. A basic guide to Ontario`s labour laws can be found on the provincial government`s website here: Your Guide to the Employment Standards Act. Watch the video on how to file a claim to understand what to expect when you submit an employment standards application. The ESA establishes and enforces minimum employment standards (with some exceptions depending on the area of work) that apply regardless of whether a written contract of employment exists. A written employment contract is therefore not required. This means that employers and employees can benefit from clear written terms and conditions that describe the employment relationship.
The Ontario Human Rights Code also applies during the interview process.