Litigation

Employment Litigation

Experienced Toronto Lawyers for Employment Law Litigation Services

The workplace is a prime source of legal disputes. When these issues escalate and the parties are unable to resolve the matter themselves, it may become necessary to consider litigation. GLG LLP provides employment litigation services to both employers and employees for a range of workplace matters.

Ryan Kerr, the firm’s litigation partner, has experience representing clients in a variety of employment matters in court as well as various methods of alternative dispute resolution. He will carefully review the circumstances with each client and advise on the most appropriate resolution method available with respect to cost and efficiency.

Representing Employees and Employers in Multiple Employment Issues

Workplace disputes can arise at all stages of employment, from the hiring process through to termination or resignation. GLG LLP will advise employers on proactive steps aimed at managing risk and avoiding litigation, such as termination strategy and best practices. When dispute resolution becomes necessary, the firm represents employers or employees in court or through negotiation, mediation and arbitration.

Common Employment Litigation Issues

The following are examples of the most common employment issues that lead to litigation:

Wrongful Dismissal

Wrongful dismissal actions arise when an employer terminates an employee without sufficient notice. The provincial Employment Standards Act (the “ESA”) sets out mandatory notice periods applicable to termination commensurate with an employee’s length of service. If an employer does not provide sufficient notice, an employee can bring an action for wrongful dismissal. Employees who have been with an employer for five years or longer are also entitled to severance pay upon termination under the ESA.

Constructive Dismissal

Constructive dismissal claims do not stem from the direct termination of employment. Rather, these claims follow an action or actions by the employer which the employee perceives to make the work environment untenable. This commonly involves a significant change in working conditions, such as reduced compensation, a demotion in title, or placement in a new role. If the change is significant and the employee does not consent, this could give rise to a claim for constructive dismissal.

Constructive dismissal can also become a factor in situations where an employee is subject to harassment or abusive behaviour in the workplace. If an employer fails to take action and the behaviour continues, an employee may have a legitimate claim against their employer.

Human Rights Violations

The Ontario Human Rights Code (the “Code”) provides protection from harassment or violence on the basis of several enumerated grounds. These include, but are not limited to:

  • Age
  • Sex
  • Gender identity
  • Creed
  • Sexual orientation
  • Race
  • Disability

Employers have a duty to their employees and prospective candidates to uphold the standards set out in the Code and to take action if a breach occurs. Employers may be held labile for failing to take action when an employee brings a complaint about harassment or discrimination. Employers can also be held vicariously liable for the actions of their employees in the case of discrimination.

Contact GLG LLP for Exemplary Representation in Employment Litigation Matters

Contact GLG LLP in downtown Toronto for assistance with any employment litigation matter. The firm’s litigation lawyers represent both employees and employers in a range of employment issues. Call the firm at 416-272-7557 or contact them online to schedule a confidential consultation.