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What is Employment Law?

Best Employment lawyers in Canada as ranked by Lexpert

Employment Lawyers work on the rights and obligations between individuals and their employers. The foundations of employment law arise from the common law in most provinces and the civil law of Québec. This forms the basis of what employment lawyers practice.

 

The main obligations of the employer are to provide work agreed to, pay the remuneration and provide a safe workplace. The employee must execute the work agreed to and be loyal to the employer. The practice of employment law generally involves the negotiation and drafting of individual employment contracts, advice with respect to the numerous aspects of the main obligations, the drafting of non-solicitation and non-competition clauses, golden parachute compensation plans and arbitration clauses.

 

In addition, it involves litigation arising from the employment relationship, including unlawful or dismissal actions, as well as the application of provincial and federal related statutes such as Labour Standards, Human Rights and Health and Safety in the workplace. The best employment lawyers are frequently involved in these types of cases.

 

Please note that the Lexpert Directory has separate sections for:

  • Labour relations lawyers
  • Workplace human rights lawyers
  • Workers' compensation lawyers
  • Occupational health & safety lawyers

 

What is employment law in Canada?

Employment law is the broad term for the branch of law which deals with matters arising from an employer-employee relationship. In Canada, employment law is made up of federal laws and provincial or territorial laws applicable to different circumstances of employment. Generally, employment law is the law governing minimum employment and labor standards, overlapping with the law on the rights of a union and the unionized employees (if applicable), and human rights law which may provide further protection on the part of the employees.

 

The specific employment laws and the minimum labor standards vary in every province or territory, although, they cover similar subjects, such as minimum wage, hours of work, overtime pays, statutory holidays, vacation leaves and other statutory leaves (maternity, paternity, etc.), notice of termination, equal pay for all genders, and separation pay. In crafting contracts, employment lawyers ensure that these standards are complied with, lest government sanctions and civil cases be filed against them.

 

The practice of employment lawyers may include assistance in drafting of employment contracts, which may include specific clauses (mediation or arbitration clauses; non-compete clauses; confidentiality clauses; among others). This contract shall primarily govern the relationship of the two parties, and employment lawyers make sure that it follows the applicable federal or provincial employment laws.

 

Most of the time, lawyering of under employment law would entail advising employees or employers of their respective rights and obligations in lieu of the employment and the contract. Litigation is also a part of the employment lawyers’ responsibility, as when there’s breach of the employment contract by any of the parties, or when damages are sought arising out of the employee-employer relationship.

 

What is the common law of employment?

Common law, or oftentimes called judge-made law, case law, or judicial precedents, are a system of unwritten laws and rules based on case judgments. In Canada, where common law is applied, common law of employment are the rights and obligations of both employees and employers arising from their employment contract, which may either be express or implied, verbal or written.

 

These rights and obligations under common law are in addition to other mandatory rights and obligations of either the employer or the employee as provided under federal and provincial or territorial statutes. In the absence of stipulations of these common law in the employment contracts, it is imposed by the court because they are implied by law. As such, employment lawyers are best sought out for in case there’s any confusion as to the jurisdiction or application of these laws.

 

However, an important distinction must be made – common law does not apply to unionized employees. They are governed by different provincial and territorial statutes.

 

One of the most well-known common laws as to employment law states that employers should provide for a reasonable notice to employees who are to be terminated. However, in case the reason for termination is not one of those which are considered just cause, the employee in entitled to payment in lieu of the said reasonable notice. The period for the reasonable notice depends upon the circumstances of each case, considering the position of the employee, the age, the length of service, among other factors. Jurisprudence states that the maximum period for the said notice is generally 24 months, and the minimum should not be less than 3 months.

 

Who do employment lawyers typically represent?

Employment cases are mostly made up of cases filed by the employees against their employers. However, there are also cases where it is the employee who breached the employment contract. The primary reason is that employment law, or labour law for this matter, generally protects the rights of the labourer, the workers, or the employees. This is premised on the fact that against the resources of an employer, an employee would be at the disadvantage, hence, the protection of the laws for the latter.

 

What laws do employment lawyers use to protect employees in Canada?

Mentioned earlier, employment laws are primarily governed by (1) provincial or territorial statutes, and (2) federal statutes. Employment lawyers may either specialise in both, or specific to a province or territory.

 

Canada Labour Code

The Canada Labour Code is the federal law governing the rights and obligations of employers and employees under federally regulated workplaces. These workplaces include banks, telecommunications and broadcasting, interprovincial transportation, and other matters of national importance.

 

Provincial or Territorial Statutes

If the nature of employment is not under federal jurisdiction, or the workplace or work engagement is done in a specific province or territory, then the employee-employer relationship will be governed by the respective provincial or territorial statute on employment or labour.

 

Other employment and labour laws

Aside from the federal Labour Code and provincial or territorial statutes, other federal laws may also govern employee-employer relations.

 

Canadian Human Rights Act

The Canadian Human Rights Act provides that it is unlawful to discriminate one’s person based on his/her/their race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

 

The Employment Equity Act

The Employment Equity Act is the federal law which states that federally regulated organizations and businesses should provide equal employment opportunities to women; Aboriginal peoples; people with disabilities; and, members of visible minorities.

 

Under the EEA, the following laws provide additional protection for the mentioned four groups:

      • The Federal Contractors Program
      • The Legislated Employment Equity Program
      • The Workplace Equity Information Management System

 

How do I file a complaint against my employer in Canada?

For those whose rights are violated under federal law and regulations, including the Canada Labour Code, reports can be made with the federal government’s Labour Program. For employees working in the province or territory, violations can be reported with the employment standards branch of the said province or territory.

 

Would you like to know more about your right as an employee or as an employer? Scroll down to consult with best employment lawyers specific to your area, all of whom are Lexpert Ranked.

Kimberly Boara Alexander
Kimberly Boara Alexander
Year called to bar: 2002
Toronto, Ontario
KBA Partners LLP
Christopher M. Andree
Christopher M. Andree
Year called to bar: 1994
Kitchener-Waterloo, Ontario
Gowling WLG
Rich Appiah
Rich Appiah
Year called to bar: 2006
Toronto, Ontario
Appiah Law
Stuart S. Aronovitch
Stuart S. Aronovitch
Year called to bar: 1994
Montréal, Québec
Borden Ladner Gervais LLP (BLG)
André L. Baril
André L. Baril
Year called to bar: 1991
Montréal, Québec
McCarthy Tétrault LLP
Robert B. Bayne
Robert B. Bayne
Year called to bar: 1991
Toronto, Ontario
Filion Wakely Thorup Angeletti LLP
R. Luc Beaulieu
R. Luc Beaulieu
Year called to bar: 1982
Montréal, Québec
Norton Rose Fulbright Canada LLP
Éric Bédard
Éric Bédard
Year called to bar: 1989
Montréal, Québec
Fasken Martineau DuMoulin LLP
Nathalie-Anne Béliveau
Nathalie-Anne Béliveau
Year called to bar: 1994
Montréal, Québec
Fasken Martineau DuMoulin LLP
Patrick L. Benaroche
Patrick L. Benaroche
Year called to bar: 1985
Montréal, Québec
Stikeman Elliott LLP
Louis P. Bernier
Louis P. Bernier
Year called to bar: 1975
Montréal, Québec
Fasken Martineau DuMoulin LLP
Catherine Biron
Catherine Biron
Year called to bar: 2007
Montréal, Québec
Langlois Lawyers
Andrew Bratt
Andrew Bratt
Year called to bar: 2008
Toronto, Ontario
Gowling WLG
Natalie Bussière
Natalie Bussière
Year called to bar: 1994
Montréal, Québec
Blake, Cassels & Graydon LLP
Alexandre W. Buswell
Alexandre W. Buswell
Year called to bar: 1997
Montréal, Québec
McCarthy Tétrault LLP
Lisa Cabel
Lisa Cabel
Year called to bar: 2005
Toronto, Ontario
KPMG Law LLP
Heather Cameron
Heather Cameron
Year called to bar: 2010
Ottawa, Ontario
Norton Rose Fulbright Canada LLP
Evan Campbell
Evan Campbell
Year called to bar: 2013
Kitchener-Waterloo, Ontario
Filion Wakely Thorup Angeletti LLP
Ian M. Campbell
Ian M. Campbell
Year called to bar: 2003
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Matthew L.O. Certosimo
Matthew L.O. Certosimo
Year called to bar: 1995
Toronto, Ontario
Borden Ladner Gervais LLP (BLG)
Alexis-François Charette
Alexis-François Charette
Year called to bar: 1999
Montréal, Québec
Norton Rose Fulbright Canada LLP
Richard J. Charney
Richard J. Charney
Year called to bar: 1983
Toronto, Ontario
Norton Rose Fulbright Canada LLP
Alexis Charpentier
Alexis Charpentier
Year called to bar: 2009
Montréal, Québec
Fasken Martineau DuMoulin LLP
Nafisah Chowdhury
Nafisah Chowdhury
Year called to bar: 2008
Toronto, Ontario
Miller Thomson LLP
Gary T. Clarke
Gary T. Clarke
Year called to bar: 1994
Calgary, Alberta
Stikeman Elliott LLP
Jean-François Cloutier
Jean-François Cloutier
Year called to bar: 1998
Montréal, Québec
Fasken Martineau DuMoulin LLP
Jean-Sébastien Cloutier
Jean-Sébastien Cloutier
Year called to bar: 2003
Québec City, Québec
Norton Rose Fulbright Canada LLP
Joe Conforti
Joe Conforti
Year called to bar: 1987
Toronto, Ontario
Goodmans LLP
François Côté
François Côté
Year called to bar: 1989
Montréal, Québec
Norton Rose Fulbright Canada LLP
Magali Cournoyer-Proulx
Magali Cournoyer-Proulx
Year called to bar: 1997
Montréal, Québec
Fasken Martineau DuMoulin LLP
Sarah C. Crossley
Sarah C. Crossley
Year called to bar: 1999
Toronto, Ontario
Filion Wakely Thorup Angeletti LLP
Corrado De Stefano
Corrado De Stefano
Year called to bar: 1987
Montréal, Québec
Borden Ladner Gervais LLP (BLG)
Luc Deshaies
Luc Deshaies
Year called to bar: 1986
Montréal, Québec
Gowling WLG
Frédéric Desmarais
Frédéric Desmarais
Year called to bar: 2009
Montréal, Québec
Norton Rose Fulbright Canada LLP
Jeremy J. Devereux
Jeremy J. Devereux
Year called to bar: 1994
Toronto, Ontario
Norton Rose Fulbright Canada LLP
Jennifer Devins
Jennifer Devins
Year called to bar: 2006
Vancouver, British Columbia
Roper Greyell LLP
Casey M. Dockendorff
Casey M. Dockendorff
Year called to bar: 2005
London, Ontario
Filion Wakely Thorup Angeletti LLP
Thomas V. Duke
Thomas V. Duke
Year called to bar: 2003
Edmonton, Alberta
Miller Thomson LLP
Robert Dupont
Robert Dupont
Year called to bar: 1983
Montréal, Québec
Fasken Martineau DuMoulin LLP
Jonathan L. Dye
Jonathan L. Dye
Year called to bar: 1997
Toronto, Ontario
Filion Wakely Thorup Angeletti LLP
Jacques A. Emond
Jacques A. Emond
Year called to bar: 1973
Ottawa, Ontario
Emond Harnden LLP
Patrick Essiminy
Patrick Essiminy
Year called to bar: 1994
Montréal, Québec
Stikeman Elliott LLP
Stéphane Fillion
Stéphane Fillion
Year called to bar: 1997
Montréal, Québec
Fasken Martineau DuMoulin LLP
R. Mark Fletcher
R. Mark Fletcher
Year called to bar: 2002
Toronto, Ontario
Grosman Gale Fletcher Hopkins LLP
Fausto Franceschi
Fausto Franceschi
Year called to bar: 1988
Edmonton, Alberta
Dentons Canada LLP
William R. Gale
William R. Gale
Year called to bar: 1982
Toronto, Ontario
Grosman Gale Fletcher Hopkins LLP
Patrick Galizia
Patrick Galizia
Year called to bar: 2000
Montréal, Québec
Norton Rose Fulbright Canada LLP
Anne K. Gallop
Anne K. Gallop
Year called to bar: 1997
Toronto, Ontario
Norton Rose Fulbright Canada LLP
Valérie Gareau-Dalpé
Valérie Gareau-Dalpé
Montréal, Québec
Fasken Martineau DuMoulin LLP
Richard Gaudreault
Richard Gaudreault
Year called to bar: 1993
Montréal, Québec
Lavery, de Billy, L.L.P.
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