Employee rights in Ontario
Employee rights in Ontario are generally governed by the Employment Standards Act of Ontario and the applicable regulations. Employee rights are a fundamental part of the employment relationship with the employer. The Employment Standards Act outlines the minimum entitlements of employees in relation to hours worked, overtime pay, termination pay, severance pay, vacation pay and the termination of employment. If you would like to find out more about employee rights, a good place to start is the Ministry of Labour Employment Standards Act guide.
Employee rights disputes frequently arise as a result of the termination of the employment relationship. An employee may be entitled to termination pay and/or severance pay. Nonetheless, the employer may have refused to pay the employee the appropriate termination pay and/or severance pay. A good place to start any analysis involving termination pay and severance pay are the Ministry of Labour termination tool and severance tool.
Employee rights in Ontario also encompass various entitlements under the Human Rights Code of Ontario. For example, an employee is entitled to a workplace free from discrimination and harassment. If you suspect that you are the victim of a Human Rights Code violation, you can call me at 416 323 3614 for a consultation. Additionally, the Human Rights Tribunal of Ontario contains useful information about the human rights claim process. The Applicant’s Guide to filing an application with the Human Rights Tribunal of Ontario.
The Employment Standards Act guide also discussed the entitlement to compensation with respect to constructive dismissal and wrongful dismissal. It is important to note that the Employment Standards Act guide outlines minimum entitlement to compensation with respect to dismissal. It is not a substitute for legal advice. An employment lawyer or a wrongful dismissal lawyer can assist you to obtain the appropriate compensation from your employer. There are many instances when you may be entitled to significantly higher compensation at common law than the Employment Standards Act minimums.
Employee rights and claiming what you are entitled to from your employer
One possible route in pursing a remedy for a violation of employee rights is is by initiating an Employment Standards claim. The Ministry of Labour website contains detailed instructions on the claim process. To find out more click here. If you feel that an Employment Standards claim is insufficient, you may have to consult with an employment lawyer. An employment lawyer can guide you through the process and further explain your employee rights to you. Furthermore, it is important to note that there are many situations where you may have to select either an Employment Standards claim or a civil action in Superior Court. This is not a decision that should be made without prudent legal advice.
If you suspect that you have been wrongfully dismissed, you should immediately consult with a wrongful dismissal lawyer about your employee rights. A wrongful dismissal may have serious implications on your financial affairs. Your employee rights may be at stake. It is important to ensure that you are making an informed decision about your affairs.
The frequently asked questions section of the Ministry of Labour website contains a lot of useful information in relation to what employee rights you may be entitled to under the Employment Standards Act.
The information on this website is for informative purposes only. It is not legal advice. A lawyer can only be retained after a consultation. If you need a wrongful dismissal lawyer or if you have any other employment law issues, call me at: 416 323 3614