Why Choose Beard Winter LLP
Our dedicated team is committed to providing expert legal advice and representation, helping clients navigate the complexities of employment and labour relations law in Ontario with confidence. We pride ourselves on building strong relationships with our clients, understanding their unique legal needs, and providing them with tailored and cost-effective legal solutions.
In Ontario, wrongful dismissal occurs when an employer dismisses an employee for allegations of cause, typically without compensation and adequate grounds for doing so, or when an employer dismisses an employee without cause and fails to provide adequate notice or compensation in lieu of said notice. Adequate notice or compensation must consider the employer’s obligations under the Employment Standards Act, 2000, the Canada Labour Code (where applicable), the employment contract (if one exists) and common law principles established by the courts.
When an employee is wrongfully dismissed, their entitlements come from three main sources:
Notice of termination may be given as a working notice, allowing you to continue working until your final day, as ongoing salary payments (salary continuance), or as a one-time lump sum severance payment. In some cases, employers will offer a combination of the foregoing.
Our firm regularly represents both employers and employees in wrongful dismissal matters. This enables us to see and understand both the legal and strategic issues from both sides and provide the most effective representation to our clients.
In addition, for those under federal jurisdiction, governed by the Canada Labour Code, our experienced lawyers regularly advise on the unique area of Unjust Dismissal and related statutory complaints.
For employees we work to ensure they receive fair severance and all entitlements. For employers, we help minimize risk, ensure compliance with the law, and, if needed, defend against wrongful dismissal claims. Whether you are an employee or an employer, we help our clients navigate this complex and ever changing area of law in Ontario.
Constructive dismissal may occur when an employer makes a significant/substantial change to the fundamental terms and conditions of employment, without the employee’s consent or where the working environment is such that it is impossible for the employee to continue the employment relationship.
Some common signs that an employee may have been constructively dismissed are:
In Ontario, constructive dismissal is assessed based on whether these changes amount to a significant/substantial change to the fundamental terms and conditions of employment. If an employee experiences any of these changes, they may have grounds for a constructive dismissal claim, even if they have not been formally terminated.
Employees should seek legal advice before resigning, as leaving without proper advice can impact their ability to claim severance and other compensation. For employees, we work to ensure fair severance packages and compensation, considering all their legal entitlements if they have been constructively dismissed.
For employers, we help prevent constructive dismissal claims by advising on legal obligations, ensuring compliance with employment standards, and defending against claims when they arise.
In each case, we start by thoroughly investigating the facts to understand if constructive dismissal has taken place. We then help our clients reach a fair settlement through negotiation or, if necessary, representation in court to advocate for their rights.
Whether you are an employee facing unexpected changes at work or an employer managing necessary workforce adjustments, our firm can guide you through this complex area of employment law.
We provide comprehensive support to both employers and employees in drafting, reviewing, and negotiating employment contracts and other employment-related agreements, such as confidentiality, non-solicitation and, where permitted, non-competition agreements. Using our knowledge and experience, we ensure that all terms, including salary, benefits, and termination clauses, are carefully drafted and clearly defined.
For employers, our approach to drafting and reviewing employment contracts ensures fairness and compliance with relevant legislation, such as the Employment Standards Act, 200, or for federally regulated employees, the Canada Labour Code. We pay close attention to enforceability, ensuring that every term in the agreement is legally binding and can be upheld in court if challenged.
For employees, we offer guidance on reviewing, negotiating, and understanding employment contracts to ensure their rights are protected. Whether you are starting a new job or entering a new agreement with your current employer, we provide expert advice on whether key terms of the employment contract are fair, clear, and in your best interest.
In addition to reviewing employment contracts to ensure legal compliance, we also assist clients in drafting and revising a wide variety of employment policies and procedures to ensure that their business is being operated in compliance with the Employment Standards Act, 2000, the Canada Labour Code and other statutory and regulatory requirements. When issues arise, we also have extensive experience representing clients on complaints made to the Ministry of Labour and on hearing before the Ontario Labour Relations Board and other regulatory tribunals.
We provide expert guidance to clients on issues of workplace harassment and discrimination, including those based on race, gender, age, disability, and other protected grounds under the Ontario Human Rights Code or the Canada Human Rights Act. Our team provides legal support to victims seeking justice for discrimination or harassment, ensuring their rights are upheld and that they receive the compensation they deserve.
We help employers develop proactive strategies to prevent workplace harassment and discrimination by developing and implementing effective policies and training programs. We also assist in responding swiftly to any complaints or incidents, minimizing the risk of legal action and ensuring compliance with all relevant human rights legislation. We also assist with workplace investigation to address any harassment or discrimination claims.
Should the need arise, our team can provide expert representation to clients in court or before human rights tribunals and advocate for a fair and just outcome. Whether you are an employee seeking protection or compensation, or an employer aiming to maintain a respectful and compliant workplace, we will provide the expertise necessary to navigate these complex issues.
Even in circumstances where an employer makes what appears to be a reasonable severance offer, we can assist in reviewing the offer in a cost-effective manner to ensure that it properly reflects the employee’s entitlements under the employment agreement if there is one, the Employment Standards Act, 2000 or the Canada Labour Code, as applicable, and also the employee’s entitlement to reasonable notice at common law.
When reviewing a severance package, we take a comprehensive approach to ensure that the offer includes all forms of compensation and benefits the employee may be entitled to during the notice period. This can include salary, bonuses, continued benefits, stock options, and any other non-monetary benefits provided during employment.
Of important note, many employees wrongfully assume that their employment agreement contains an enforceable termination clause, limiting their entitlements upon termination to the entitlements set out in the agreement rather than reasonable common law notice. However, many termination clauses are invalid and can be set aside by the Courts due to drafting errors and non-compliance with basic entitlements and protections, especially those set out under statute.
Employees are strongly encouraged to have their severance offer reviewed by an experienced employment lawyer before signing anything to ensure they are receiving the full compensation to which they are entitled.
Workplace discipline is essential for maintaining a productive, respectful, and compliant work environment. We assist employers in developing appropriate, progressive, and clear discipline plans, which can be incorporated into employment contracts or implemented as standalone policies. These plans are designed to address misconduct in a fair and consistent manner, helping employees understand expectations and the consequences of failing to meet them. When disciplinary issues arise, we guide employers through the process, ensuring that each step in the discipline plan is properly followed. Our goal is to help employers achieve their objectives, whether by improving employee performance or, when necessary, providing guidance on ending the employment relationship in a way that mitigates risk.
Our firm advises a variety of business on their obligations under Occupational Health and Safety Act (OHSA) and other related regulations to ensure compliance, thereby helping to promote a safe and healthy working environment. Compliance with the OHSA not only reduces liability but also minimizes the risk of workplace injuries and accidents, contributing to a more productive workforce. We assist clients in conducting risk assessments and in developing, reviewing and implementing effective safety policies, procedures and programs which foster a culture of safety in the workplace.
In the event of workplace incidents or accidents, we provide legal support during investigations, helping clients navigate reporting requirements and liaising with regulatory bodies. Our goal is to ensure a thorough investigation while protecting our clients’ interests.
If your business faces allegations of non-compliance or safety violations, our experienced team can provide expert representation before regulatory bodies and advocate on your behalf to minimize penalties or prevent reputational damage. We also offer guidance in responding to workplace safety claims, representing clients in hearings before tribunals or courts when necessary. Whether you are seeking proactive advice to enhance workplace safety or require legal representation during an investigation or hearing, our team is committed to protecting the interests of your business, ensuring compliance, and minimizing risks.
We also advise employees on their right to a safe working environment and their right to refuse unsafe work. We can assist employees in making sure their employers comply with their statutory obligations and can represent employees in advancing complaints before regulatory tribunals.
If an employee is injured on the job, we can guide them through the complexities of filing a WSIB claim and/or a claims under their short-term and long-term disability insurance policies.
We understand the complexities of labour relations and the critical role they play in fostering productive workplace environments. Our experienced team offers a wide range of legal services tailored to meet the needs of employers with unionized workforces in Ontario.
(i) Certification and Decertification Applications
Whether employees are seeking to certify (unionize), or decertify (displace a union), we have significant experience advising employers on strategies to resist certification attempts and can provide effective representation on Applications for certification before the Ontario Labour Relations Board, including in the Construction Industry.
We also advise and represent employers in relation to decertification applications brought by employees, to remove a union.
Where employees independently seek to decertify (displace a union) we also assist them in exercising their legal right to do so.
(ii) Collective Bargaining
Navigating the collective bargaining process requires an understanding of labour laws and effective negotiation strategies. We represent employers during collective bargaining sessions, ensuring their interests are effectively communicated and protected. We guide our clients through the intricacies of negotiations, helping to establish fair agreements that promote a harmonious working relationship with the union.
(iii) Arbitration
In the event of disputes arising from collective agreements, our firm provides expert arbitration services. We offer representation throughout the arbitration process, advocating for employers’ rights and interests. Our lawyers are skilled in presenting compelling cases, analyzing evidence, and negotiating favorable outcomes. We strive to resolve conflicts efficiently and effectively, minimizing disruptions in the workplace.
(iv) Workplace Grievances and Disputes
Workplace grievances can significantly impact employee morale and productivity. Our team is dedicated to addressing these issues promptly and professionally. We assist employers in navigating the grievance process, ensuring compliance with relevant labour laws, collective agreements and internal policies. We aim to assist employers by facilitating constructive resolutions that meet the needs of the business while also upholding the principles of fairness and equity.
We recognize that employee benefits and compensation are vital components of workplace satisfaction and compliance. Our team offers comprehensive legal services tailored to help employers and employees navigate the complexities of this important aspect of employment law.
We provide guidance to employers on developing fair and legally compliant compensation structures, which includes assessing salary ranges, bonus compensation, and incentive programs to promote equitable compensation practices and meet the strategic goals of the business.
We also assist employers in designing and implementing employee benefits plans that are clear, equitable and in alignment with both the employer’s objectives and the needs of its employees.
We also ensure that all compensation and benefit plans are in compliance with the Employment Standards Act 2000, the Canada Labour Code, the Income Tax Act, the Ontario Human Rights Code and the Canada Human Rights Act.
Navigating the legal landscape of independent contractor relationships can be complex for both businesses and individuals. Whether you’re a business looking to hire independent contractors or an individual working in this capacity, we offer expert advice to ensure compliance and protect your interests.
True independent contractors are considered self-employed and are not entitled to employee protections like minimum wage, overtime pay, employment insurance and termination pay. However, in many cases where an individual appears to be an independent contractor, the law would still consider that individual to be an employee and therefore entitled to employee protections. This determination requires an understanding of the true nature of the relationship, which takes into consideration a variety of factors and goes beyond the wording of an agreement or the manner in which the parties describe the relationship.
For employers, we assist in properly classifying workers to avoid misclassification risks, which can lead to legal disputes, liabilities, or penalties under the Employment Standards Act, 2000 or the Canada Labour Code. Our team also helps draft compliant contractor agreements covering compensation terms, responsibilities, and termination clauses to prevent issues before they arise.
For independent contractors, we provide guidance to ensure your contract terms are fair, protect your rights, and offer appropriate compensation both during the agreement and in the event the agreement is terminated. We also clarify critical differences between independent contractors and employees, advising on tax implications, severance, and notice entitlements. If you believe you have been misclassified as an independent contractor, we can assist in obtaining a variety of employment entitlements, including in the event of termination of the agreement.
In addition, we assist with issues relating to dependent contractors—a distinct category of workers which fits somewhere between independent contractors and employees. Dependent contractors, though self-employed, are economically dependent on a single business as their source of income. While they may not be entitled to full employee benefits, they are generally entitled to reasonable notice of termination or severance similar to that which an employee would be entitled to. Our team can assist if you are concerned with your rights as a contractor working primarily or exclusively for one company or individual. We also assist employers in managing relationships with contractors who work primarily with them, ensuring that contracts are structured to protect the business while complying with legal requirements and avoiding risks related to classification.
The purchase or sale of a business involves critical employment law considerations that can significantly impact both the transaction and ongoing operations. Our experienced team provides comprehensive legal services to ensure that all employment-related issues are addressed effectively during the purchase or sale process.
(i) Due Diligence
We conduct thorough due diligence on employment matters as part of the business acquisition process. This includes reviewing existing employment contracts, benefits plans, and workplace policies to identify potential liabilities, risks, and compliance issues.
(ii) Assessment of Employee Liabilities
Our lawyers evaluate potential employee-related liabilities, such as outstanding severance obligations, pending disputes, or unresolved grievances. This assessment helps clients understand their exposure and plan accordingly.
(iii) Employee Contract Review and Negotiation
We assist in reviewing and negotiating employment contracts for key personnel, ensuring terms are clear and compliant with Ontario employment laws. This may include non-compete clauses, confidentiality agreements, and termination provisions.
(iv) Transition Planning
For businesses undergoing a change in ownership, we provide guidance on transition planning to ensure the smooth integration of employees. This includes strategies for communication, retention of key staff, and addressing any changes in employment terms.
(v) Compliance with Employment Standards
We ensure that all aspects of the transaction comply with the Ontario Employment Standards Act 2000, the Canada Labour Code and other relevant laws. This includes addressing issues related to employee rights, wages, benefits, and working conditions.
(vi) Post-Transaction Employment Issues
After the purchase or sale, we continue to provide support on employment-related matters, including handling employee transitions, addressing any disputes which may arise, providing guidance on hirings or dismissals, and ensuring ongoing compliance with all applicable employment laws.
(vii) Advising on Employee Retention Strategies
We are also able to provide guidance on strategies to retain key employees during and after the transition period, including incentive programs, bonuses, and other measures to ensure that our clients are able to attract and retain talent and maintain stability within its workforce.