The loss of employment can equally affect an individual’s life in a traumatic way. Whether an employee is wrongfully dismissed, constructively dismissed or simply laid off; the sudden loss of income is an experience that none of us wish to face.
Employers and employees are at least somewhat aware of the Employment Standards Act (ESA) and the rights and responsibilities it creates. However, in addition to the ESA, given that the majority of Canada follows the English common law system, there is a significant body of case law that regulates the employer and employee relationship, especially when it involves termination.
Therefore, an employment lawyer becomes a valuable resource when the following issues become apparent:
- Wrongful Dismissal
- Constructive Dismissal
- Termination without cause (Employee lay off)
- Sufficiency of Notice/Severance packages
- Discrimination at the workplace (Human Rights Violations)
Having significant experience dealing with these issues, Adib Nadi has negotiated and obtained significant awards of damages for his clients, providing at least some temporary financial relief during such a stressful time in their lives.
Frequently Asked Questions
You should consult an employment lawyer if you are facing any of the following issues at your workplace:
- Discrimination or harassment
- Termination without cause or termination with cause
- Signing a new employment contract
- Wrongful dismissal
- Constructive dismissal
- Sufficiency of notice or severance packages
You may experience discrimination at your workplace on the basis of your race, skin colour, ancestry, sex, citizenship, religion, age, or disability.
For instance, you may feel you did not receive a promotion or raise which was at least partly due to your sex or race.
If you are facing any type of discrimination, there are various ways to help yourself:
- Make a record of the offensive actions or any supporting evidence and discuss it with your manager or supervisor.
- If you get no help from your manager or supervisor, raise a complaint using your company’s workplace harassment policy.
- If you are facing discrimination under the Human Rights Code, file a claim with the Human Rights Tribunal of Ontario (HRTO).
- If you are experiencing harassment or an unsafe working environment, you could raise a complaint pursuant to the Occupational Health and Safety Act (OHSA).
If everything else fails or you need legal advice, consult an employment law attorney who can represent you and guide you through the process. Feel free to call us at (905)-668-9422.
Many people use wrongful and constructive dismissal interchangeably. Though the concepts are related, there exists a difference.
In a wrongful dismissal case, the employee is actually fired or terminated by their employer. This termination may or may not include some sort of termination package being offered to the employee.
Whereas in constructive dismissal, an employer does directly terminate an employee, however, the employer makes some sort of change to the employment agreement, that the employee does not agree and is essentially forcing the employee to leave (this can include the creation of a toxic work environment).
For instance, if an employer cuts back on an employee’s salary by 50%, he or she may be left with no option but to quit.
Yes. At Nadi Law, we strive hard to provide cost-effective legal advice and solutions.
If you would like further information, please call (905)-668-9422 and request for a quote.