Baker McKenzie’s employment and compensation group shows strong dispute resolution capabilities, handling high-stakes claims in all levels of court in Canada. The team is led by George Avraam, an experienced trial litigator. Jennifer Bernardo has extensive experience representing clients before administrative tribunals, as well as all levels of court in compensation and benefits. The team offers comprehensive advice on labour relations and pensions matters, as well as mobility issues arising from corporate transactions.
Employment Litigation
If you’re looking for top Employment Litigation lawyers, look no further than Mathews, Dinsdale & Clark LLP. This firm’s employment and compensation group, with over 60 lawyers throughout Canada, focuses on complex litigation in the workplace and on high-stakes claims. Practice head George Avraam focuses on litigation and has a proven track record in the courts and administrative tribunals. Jennifer Bernardo, who heads the Toronto office, focuses on the managerial side of employment and labour issues.
One of Canada’s leading employment law firms, this firm’s Toronto office is dedicated to a single source of legal support for both local and multinational compliance. The firm’s lawyers handle a wide range of employment-related disputes, including terminations, wrongful dismissal, discrimination, and benefits. The firm also acts for many prominent public and private sector clients. Its Toronto office is located in the heart of Toronto.
In Canada, if you believe you have a legal claim, the process generally begins with a complaint or claim filed with a court, administrative board, or commission. In some cases, the tribunal will award punitive damages if a discriminatory act has occurred. In addition to monetary damages, tribunals may also award non-monetary relief, such as reinstatement, anti-discrimination training, and compensation for lost wages.
Employment standards legislation
In many provinces, employees may file a complaint or grievance if they feel that they have been unfairly terminate. In some cases, employees may file a claim through the provincial labour standards board. The board regulates employment issues in Quebec, and the compensation of dismissed employees must comply with labour standards legislation. If an employer does not comply with this legislation, it may be time to file a claim in the civil courts.
The Employment Standards Act is the most commonly known piece of Canadian labor law, setting minimum legal requirements for employers and employees. It covers matters such as minimum wage, statutory holidays, paid leave, and minimum termination pay. The Employment Standards Act overlaps with other employment legislation, including collective agreements and income tax. In such a case, hiring a lawyer to handle your claim is an essential part of your legal strategy. In addition to this, hiring a lawyer is the best way to protect your rights and ensure that the law is follow.
There are a number of employment standards legislation lawsuits pending in the courts in Canada. Part III of the Canada Labour Code sets minimum standards for workplaces and sets out rights and obligations for employees. If you’re unhappy with your workplace, you can file a complaint against your employer and receive reinstatement if you’ve been unfairly dismisse. But the legislation does not cover every aspect of employment. Some employers offer better benefits than the minimum employment standards legislation specifies. By implementing these changes, many employers are setting a new floor.
Duty to accommodate disability
If you have a disability, you have a legal duty to accommodate. This duty can arise during the course of the employment relationship if an employee becomes ill or disabled. Or develops an addiction. It may also arise if an employee realizes that their disability is affecting their ability to perform their job duties. Such disabilities can range from episodic to permanent. Affecting the time and place of employment, as well as their ability to work.
In Canada, the duty to accommodate requires employers to make reasonable accommodations. While accommodations may not be perfect, they must be reasonable in the circumstances and be reasonable for the duty holder. The employee must accept the accommodation, or explain why he or she did not accept it. If the employee rejects the accommodation, the employer can be held liable for not providing reasonable accommodations. For example, if an employee does not receive the proper accommodations. The employer may be force to provide a lower wage or retrain the employee in a different position.
The right to equality under the Canadian Human Rights Act requires employers to accommodate medically-disabled employees. The issue often arises out of a human rights complaint or the employee being terminate for requesting accommodation. The duty to accommodate is a fundamental human right. Leading cases on this topic have been based on the duty to accommodate and apply it to the workplace. If you’ve received an offer of employment. But were unable to take it because of a disability, you may have a case against your employer.
