Employment & Labour

Employment contracts set out important terms that affect an employee’s rights and responsibilities. Often these types of contracts contain legal jargon pertaining to an employee’s rights including payment arrangements, probation periods, vacation allotments, termination, confidentiality and post-employment restrictions, to name a few. BOYNECLARKE’s Employment Law Team is experienced in negotiating employment contracts.

When employers and employees do not see eye to eye, we believe the best solutions for employment disputes are found out of the courtroom. BOYNECLARKE’s Employment Law Team is experienced in acting on behalf of both employers and employees to effectively resolve disputes, saving the client both time and money.

We understand the challenges employers face when it comes to employee termination, layoff or dismissal. The Labour Standards Code or the Canada Labour Code sets out only the minimum obligations on employment termination. An employer needs to be aware of their legal obligations. It is important that employers seek legal advice prior to taking any action to avoid a wrongful dismissal claim.

Good hiring practices can reduce the risk of performance management problems and the need to end employment relationships. Seeking advice before hiring a key employee is part of an effective human resources plan.

Apart from legal issues, performance management is an effective tool that helps companies evaluate employee contributions. Performance management extends far beyond a yearly review; it is a thorough and ongoing process of feedback and communication. Effective performance management programs are essential for employers because without them employees typically cannot be terminated for cause.

The law recognizes the importance of protecting employees from unjust actions taken by employers. A wrongful dismissal can negatively impact both an employee and employer.  An employee may have a basis for a wrongful dismissal action if an employer terminates them without notice of termination or for alleged just cause. BOYNECLARKE’s Employment Law Team has acted on behalf of employers and employees in numerous wrongful dismissal cases.

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