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Employment and Labour Law for Employees
For Employees
(Provincial & Federally regulated)
Employment and Labour laws are complex and involve many elements. Employment contracts and the terms and conditions of employment including wages and compensation, termination (with/without cause), notice periods and severance pay are only some of areas where your interests can be affected. You may also believe you have experienced harassment and discrimination in the employment context or that a union has breached its duty of fair representation.
If you feel that you have been treated unfairly or that your rights have been violated by your Employer or your Union, DSJ Solutions will guide you through the legal process and provide subject matter advice in an areas that can be and often are complicated, daunting and emotionally draining.
You do not need a lawyer or paralegal to represent you in matters before the Ontario Labour Relations Board, the Canada Industrial Relations Board, or in any civil action. However, it is advisable that you consult a legal practitioner before initiating any action, sign an employment contract or agree to a release on termination of your employment. There are also jurisdictional issues, limitation periods, errors, or incomplete application/complaint forms that can delay your action, adversely impact, compromise or result in a summary dismissal of your case altogether.
The following are some of the employment and labour issues that we at DSJ Solutions can help you with.
- Providing independent legal advice;
- Reviewing and negotiating terms and conditions of a release on terminating employment.
- Wrongful or constructive dismissal (through civil action in Small Claims Court, or through the Ontario Labour Board, not both)
- Failure by your Employer to pay you the correct rate of pay, and/or public holiday pay, vacation pay or other wages they are entitled to under the Employment Standards Act (the “ESA”).
- Failure of your Employer to provide you with time off for an entitled leave of absence under the ESA.CCab
- Reprisal by your Employer for enforcing or for trying to enforce your rights under the Employment Standards Act, the Occupational Health and Safety Act, Canada Labour Code and many others.
- Failure of your Employer to provide you with a statement of your wages or other required documents, such as a Record of Employment (ROE) when the employment relationship ends.
- Representation in a complaint before the Ontario Labour Board or the Canada Industrial Relations Board, if you feel that your union failed in its duty of fair representation, or any other obligation of the Union, under the Ontario Labour Code on the Canada Labour Code.
You can find more information about your provincially regulated employment or labour matter, here: http://www.olrb.gov.on.ca/Jurisdiction-EN.asp
You can find more information about your federally regulated employment or labour matter, here: http://www.cirb-ccri.gc.ca/eic/site/047.nsf/eng/home
Employment and Workplace Law for Employers
For Employers
In the Ontario workplace, the relationship between employer and employee is governed by several provincially and/or federally regulated laws and case law. Certain statutes mandate that employers have in place policies that specifically address all or parts of the applicable legislation and its regulations. Other workplace statutes do not impose this requirement; however, the failure to adopt a policy framework that addresses workplace laws, occupational health and safety, discrimination and harassment among others, may expose the employer to liability which can be costly and disruptive to the workflows.
Employers that have been remiss in adopting mandatory policies, or which have failed to exercise due diligence and ensure that reasonable steps have been taken to mitigate possible breaches of its statutory and/or common law obligations, can be exposed to risk. The absence of or poorly considered or structured policies may leave employers vulnerable to costly litigation when allegations of violations of workplace laws are made. Proactive and well-considered policies relating to workplace law, can help mitigate these risks. Without affordable, skilled, and knowledgeable resources to assist and guide in policy development and ensure compliancy, businesses can be susceptible when navigating on their own through a system of complex laws, regulations, and related processes. Information can be disjointed, or too technical, unclear, or incomprehensible. Moreover, many business owners are simply not aware of the laws that govern their workplace.
DSJ Solutions can provide affordable options to facilitate a more proactive, fulsome solutions-based approach to the work environment and work with you to establish policy frameworks that will mitigate risk your risk. We can also offer affordable, informative, targeted and proactive legal services, independent legal advice and representation before various boards and tribunals where a complaint can be actioned against.
Small Claims Court
Small Claims Court
The following provides an overview of the Small Claims Court system and a sampling of matters that we, at DSJ Solutions, can help you resolve.
The Small Claims Court is a branch of the Superior Court of Justice and handles nearly half of all civil claims in the province. The Court has civil jurisdiction over monetary claims up to $35,000 and provides an efficient and cost-effective forum for Ontarians to bring or defend these claims. The Rules of the Small Claims Court provide for streamlined procedures so that cases can be determined at a lower cost and in less time for litigants than cases commenced in the Superior Court.
Typically, deputy judges preside over proceedings in the Small Claims Court. Deputy judges are senior lawyers appointed for a term by the Regional Senior Judge with the approval of the Attorney General. The Small Claims Court Administrative Judge and judges assigned to the Provincial Court (Civil Division) before September 1, 1990 may also hear Small Claims Court proceedings pursuant to the Courts of Justice Act. Every judge of the Superior Court of Justice is also a judge of the Small Claims Court. More information regarding the Small Claims Court, its jurisdiction and rules, can be found here: https://www.ontariocourts.ca/scj/small-claims-court.
Although, you do not need a lawyer or paralegal to represent you at Small Claims Court, it is advisable to do so. DSJ Solutions will help guide through you a legal process or subject matter that can be and often is, complicated and daunting. Our solutions are based on advice and representation that is trusted, practical and affordable. The following are some of the legal areas we service
- Breach of Contract, Service Rendered, Unpaid Account / Invoice / N.S.F. Cheque
- Construction / Renovation
- Property Damage
- Negligence
- Wrongful Dismissal
- Enforcement (of Judgment)
Landlord and Tenant Matters
Landlord and Tenant Matters
Landlord and Tenant agreements are governed by the Residential Tenancies Act, 2006, SO 2006, c 17. The Act serves as a framework for the regulation of residential rents, unlawful evictions and rental increases, to balance the rights and responsibilities of residential landlords and tenants and provide for the adjudication of disputes and other matters by the Landlord and Tenant Board. You may find more information about your landlord or tenant rights and responsibilities or earn more about LTB applications and processes with this link: Navigate Tribunals Ontario.
Whether you are a tenant or a landlord, DSJ Solutions can help bring clarity to your rights and obligations under the Act. We can provide trusted advice regarding all tenancies matters, and representation at the Landlord and Tenant Board.
Representation before Provincial and Federal Tribunals
Legal Research and Writing
Additional Services
DSJ Legal Solutions