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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.

British Columbia

Vancouver Leading Practitioners - Employer
Most Frequently Recommended
Matthew Cooperwilliams
Vancouver, British Columbia
Cooperwilliams Truman & Ito LLP
Dean Crawford
Vancouver, British Columbia
Pulver Crawford Munroe LLP
James D. Kondopulos
Vancouver, British Columbia
Roper Greyell LLP
Nazeer T. Mitha
Vancouver, British Columbia
Mitha Law Group
Consistently Recommended
Chris D. Drinovz
Vancouver, British Columbia
Kane Shannon Weiler LLP
Sara M.J. Forte
Vancouver, British Columbia
Forte Workplace Law
Colin G.M. Gibson
Vancouver, British Columbia
Harris & Company LLP
Randy J. Kaardal
Vancouver, British Columbia
Hunter Litigation Chambers
Eleni Kassaris
Vancouver, British Columbia
Dentons Canada LLP
Geoffrey J. Litherland
Vancouver, British Columbia
Harris & Company LLP
Carman J. Overholt
Vancouver, British Columbia
Overholt Law LLP
Paul M. Pulver
Vancouver, British Columbia
Pulver Crawford Munroe LLP
Delayne M. Sartison
Vancouver, British Columbia
Roper Greyell LLP
Robert A. Sider
Vancouver, British Columbia
Lawson Lundell LLP
Nicole Toye
Vancouver, British Columbia
Harris & Company LLP
Steve M. Winder
Vancouver, British Columbia
Borden Ladner Gervais LLP (BLG)
Repeatedly Recommended
Susan P. Arnold
Vancouver, British Columbia
Pulver Crawford Munroe LLP
Danny Bernstein
Vancouver, British Columbia
Roper Greyell LLP
Brad N. Cocke
Vancouver, British Columbia
Cooperwilliams Truman & Ito LLP
Ryan Copeland
Vancouver, British Columbia
Roper Greyell LLP
Jessica S. Fairbairn
Vancouver, British Columbia
Harris & Company LLP
Peter A. Gall
Vancouver, British Columbia
Gall Legge Grant Zwack LLP
Sandra Guarascio
Vancouver, British Columbia
Roper Greyell LLP
Gregory J. Heywood
Vancouver, British Columbia
Roper Greyell LLP
Michael Howcroft
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
Gavin H.G. Hume
Vancouver, British Columbia
Harris & Company LLP
Herbert J. Isherwood
Vancouver, British Columbia
Norton Rose Fulbright Canada LLP
Robyn Jarvis
Vancouver, British Columbia
Harris & Company LLP
Vincent P. Johnston
Vancouver, British Columbia
Harris & Company LLP
Clayton Jones
Vancouver, British Columbia
Fasken Martineau DuMoulin LLP
Donald J. Jordan
Vancouver, British Columbia
Harris & Company LLP
Rose M. Keith
Vancouver, British Columbia
Harper Grey LLP
Michael H. Korbin
Vancouver, British Columbia
FARRIS
Kacey A. Krenn
Vancouver, British Columbia
Harris & Company LLP
Gavin Marshall
Vancouver, British Columbia
Roper Greyell LLP
Robin N. McFee
Vancouver, British Columbia
Sugden, McFee & Roos LLP
Paul McLean
Vancouver, British Columbia
Mathews, Dinsdale & Clark LLP
Preston Parsons
Vancouver, British Columbia
Overholt Law LLP
Donovan G. Plomp
Vancouver, British Columbia
McCarthy Tétrault LLP
Dianne D. Rideout
Vancouver, British Columbia
Norton Rose Fulbright Canada LLP
Thomas A. Roper
Vancouver, British Columbia
Roper Greyell LLP
Gabrielle M. Scorer
Vancouver, British Columbia
Roper Greyell LLP
Rodney W. Sieg
Vancouver, British Columbia
Harris & Company LLP
Nicole K. Skuggedal
Vancouver, British Columbia
Lawson Lundell LLP
Marino Sveinson
Vancouver, British Columbia
Pulver Crawford Munroe LLP
Lindsie M. Thomson
Vancouver, British Columbia
Harris & Company LLP
David Woolias
Vancouver, British Columbia
Harris & Company LLP
Lawyer to Watch
Katy E. Allen
Vancouver, British Columbia
Lawson Lundell LLP
Vancouver Leading Practitioners - Employee
Most Frequently Recommended
Dean Crawford
Vancouver, British Columbia
Pulver Crawford Munroe LLP
James D. Kondopulos
Vancouver, British Columbia
Roper Greyell LLP
Consistently Recommended
Sara M.J. Forte
Vancouver, British Columbia
Forte Workplace Law
Randy J. Kaardal
Vancouver, British Columbia
Hunter Litigation Chambers
Paul M. Pulver
Vancouver, British Columbia
Pulver Crawford Munroe LLP
Repeatedly Recommended
Peter Eastwood
Vancouver, British Columbia
HHBG Lawyers
Robyn Jarvis
Vancouver, British Columbia
Harris & Company LLP
Rose M. Keith
Vancouver, British Columbia
Harper Grey LLP
Preston Parsons
Vancouver, British Columbia
Overholt Law LLP
Port Moody Leading Practitioners - Employee
Consistently Recommended
Martin Sheard
Port Moody, British Columbia
Inlet Employment Law
Victoria Leading Practitioners - Employer
Consistently Recommended
Scott A. McCann
Victoria, British Columbia
Zacharias Vickers McCann LLP
Marcia McNeil
Victoria, British Columbia
Pulver Crawford Munroe LLP
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