LITIGATION & DISPUTE RESOLUTION

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While we can talk about many different situations where legal disputes may arise, such as construction workers that were not paid by the owner or contractor, contractual breech that led to damages and moral prejudice or when someone's fault resulted in a personal injury, in this particular article we will provide a brief overview or the employment law and dispute resolution at work.

In Ontario, there are many different sources of law that could impact our rights and obligations vis-à-vis our employer. Depending on your situation and unlike the common myth, you may or may not be covered by the Employment Standards Act. Why? Simply because in Canada there are several different laws that apply in different situations. Even within the same company, an employee’s rights can be different from those of his/her colleague. 

As an example, Ontario’s Employment Standards Act (“ESA”) normally applies to most employees that fall within the definition. However, certain categories are excluded, such as secondary school students, police officers, embassy employees, inmates and others. Additionally, ESA does not cover the employees and employers in sectors that fall under federal employment law jurisdiction, such as airlines, banks, the federal civil service, post offices, radio and television stations and inter-provincial railways. No mention that the unionized staff covered by a collective bargaining agreement would have different rights negotiated on their behalf by the trade union. Finally, different provisions can be set by individual employment contracts. 

As a result, if your employment was terminated without cause and you initiate legal action in the wrong court, this will mean a waste of time and financial resources as your legal action will be obviously dismissed. No mention of the risk of complete failure to sue your former employer, as there are certain delays to file the complaint. If the delay is missed, there is no appeal or other recourse.

As an employee, you should be aware of your rights and not give up fearing potential “sanctions” from the employer. Many people would think that they would not be able to afford legal action against their employers: “too costly”, “takes too much time and never ends” or “doesn’t give real results”. Well, I have news for you: the laws were created to protect your rights, and they really work! In most cases, your dispute will be negotiated out of court, following negotiations between the lawyers. And pretty often, one simple letter from your lawyer to your employer can balance the situation to your advantage.

Want to learn more about your options? Call 289-470-1620 to book your free consultation.