Sources of Employment Law in Ontario
Employment law is a complicated area of the law governed by a diverse set of legal rules found in a combination of statute, common law and contracts. Specifically, for provincially-regulated employees in Ontario, employment law rules are found in the following:
Statute
– Employment Standards Act, 2000
– Occupational Health and Safety Act
– a law requiring employers to take all reasonable steps to protect workplace health and safety, including protecting employees from risk of injury, hazards, or workplace harassment.
– a law which requires employers to protect employees from discrimination (unequal treatment) in the workplace because of the employees’ age, ancestry, colour, race, citizenship, ethnic origin, place of origin, creed, disability, family status, marital status (including single status), receipt of public assistance (in housing only), and other grounds.
– Workplace Safety and Insurance Act
– a law which establishing the WSIB system, which provides no-fault liability insurance and workers’ compensation to Ontario’s workplaces. When an employee is injured at work and unable to return to work for a period of time, the WSIB system allows injured employees to apply for temporary financial benefits.
Common Law
– this refers to rules created by judges when they decide cases, such as the rules around severance pay and severance packages that come out of wrongful dismissal cases. This includes, for example:
- duty of good faith and fair dealing
- protect employees from workplace harassment and discrimination
- duty to provide employees with prior reasonable notice of termination (or severance package)
Employment Contracts
– this refers to a contract between an employer and employee that establishes the rights and responsibilities that both agree to from the outset. An employment contract can be oral or written.
What is an Employment Contract?
An employment contract establishes the rules agreed to by both an employer and employee that governs any potential disputes between the parties. Basically, it sets out the rights and responsibilities between the parties, including:
- Salary
- Benefits
- Work schedule
- Vacation allotment
- Termination of employment
- Restriction on confidential information
- Non-solicitation agreement
Having clear and concise terms may help to minimize or resolve disputes down the road in an employment relationship. Generally, employment contracts should be signed before the employee begins their first day of work, and cannot be changed unless both parties agree in writing (or else an employer risks a constructive dismissal claim for a severance package).
Call Today for Help
If you are an employer or employee requiring assistance with preparing or reviewing employment contact, please contact Bune Law at 647-822-5492 arrange a consultation with an employment lawyer in the Toronto area, so that we can discuss your specific employment matter in detail, explain employment law as it applies to your situation, and then determine whether you need our assistance and how we can help.
For employees who have a new employment contract, it is very important to have your employment contract reviewed by an experienced employment lawyer. When you call, you will speak with an experienced employment lawyer assisting with employment contract review and negotiation.
For employers who would like to establish new employment contracts to be signed by employees to protect your business, it is important it is very important to discuss your business needs and employment contract objectives with experienced employment lawyer.
Call today to learn about your legal rights.
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