Each jurisdiction in Canada has legislation that sets out the minimum standards governing an employment relationship. In Ontario, the Employment Standards Act, 2000 (ESA) sets out the rights and responsibilities of employees and employers in most Ontario workplaces.
The Employment Standards Act, 2000 is enforced in Ontario by the Ministry of Labour. Claims for: payment of wages, hours of work, overtime periods, tips, gratuities and minimum wage, termination of employment and layoffs, pregnancy or parental leave, vacation and more, can be filed with the Ministry of Labour. An employee who is covered by ESA cannot file a claim if the employee has filed a claim in a court of law.
Employment disputes are emotional and hard to navigate without proper legal guidance, given the complexity of the legislation and employment contract interpretation. Luminita carefully assess the facts and the law related to her client’s employment matters and choose the course of action that best protects her client’s employment rights and obligations, while seeking resolution through settlement and keeping costs low.
In addition, my office provides assistance with discrimination issues in the workplace. The Ontario Human Rights Code (OHRC) prohibits specific practices in the employment context. The OHRC prohibits discrimination on an extensive list of grounds, including but not limited to race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, age, marital status, family status or disability.
The type of employment disputes litigated by my paralegal office include:
- Wrongful dismissal claims
- Constructive dismissal claims
- Workplace harassment and bullying
- Terms of employment contract and termination clauses
- Ministry of Labour claims
If a claim is an excess of $25,000.00, the proper forum to bring the claim is the Superior Court of Justice. If the excess is waived, a claim can still be brought in the Small Claims Court. But, a claim in excess of $25,000.00 cannot be split in two so it can be brought in Small Claims Court.