Employees who have issues at their place of employment, or who are seeking advice in dealing with their employers on work-place concerns need knowledgeable and experienced counsel to assist them with their legal matters.

For more than 25 years we have been providing legal advice to, and advocating for, employees working for provincial and federally regulated employers from small family enterprises to large financial and multi-national corporations. We are well versed in handling issues that may arise in a variety of industries, both unionized and non-unionized.

Benefits of Working with Zubas+Associates

Zubas+Associates is an established law firm located in downtown Toronto, offering cost-effective and strategic legal services in both English and French. Our lawyers have more than 35 years of combined direct legal experience.
We can provide employees with skilled advice and advocacy in all aspects of employment law. Our lawyers also have significant expertise in handling cases relating to human rights, pregnancy/maternity and parental leave matters.
Where litigation is required, we have represented clients in all levels of court and have also appeared before mediators, labour arbitrators, employment standards referees and the OLRB.
In addition to working with employees, we also represent employers. Therefore we can provide strategic insight into legal issues from both the employee and management side.

We offer the following services for employees and have considerable experience in making representations in these Courts and Tribunals.

SERVICES FOR EMPLOYEES
·    Review of Offer Letters	·    Confidentiality
·    Review of Employment Contracts	·    Harassment Complaints
·    Health and Safety Issues	·    Non-Solicitation and Non-Competition clauses
·    Human Rights Issues	·    Professional Negligence and Misconduct
·    Performance Management Issues	·    Compensation and Benefits Issues
·    Fiduciary Duties	·    Employment Standards Issues
·    Constructive Dismissal	·    Termination

COURTS + TRIBUNALS
·    Ontario Labour Relations Board	·    Canada Labour Code adjudication
·    Employment Standards adjudication	·    Canadian Human Rights Commission
·    Human Rights Tribunal of Ontario	·    Employment Insurance adjudication
·    All civil courts in Ontario, including the Court of Appeal

1. What are employees’ obligations when suffering illness or injury?

• A short-term illness, including one due to pressure at work, will not justify your termination.
• An employee may take time of for illness but is obliged to provide an explanation for any absences from work.
• The employer does not have an obligation to pay for absences because of illness.
• The employer may ask for a doctor’s note to justify an absence due to medical reasons and may request an independent medical opinion under certain circumstances.
• In the event of a longer term illness, the employer generally refers the review and adjudication of the claim to their disability insurer.
• It is important that your doctor promptly completes the documentation requested and that you submit it within the timelines requested.
• For any work related issues regarding illness, it is important to first discuss the situation with your manager or Human Resource representative or follow company policy.
• You should keep track and document your concerns. This is important if you believe that your employer is applying undue pressure or where you believer your job is at risk because of your illness or injury.

2. Constructive Dismissal

• Constructive dismissal is a form of wrongful dismissal where the employer materially and fundamentally changes the terms of employment.
• Employees should be aware that in recent years employers have been afforded much greater latitude by the Courts in making adjustments in job duties and the workplace, particularly in instances with adequate advance notice.
• If the employee’s job is maintained, the salary is not affected to a large extent, the proposed job is at a similar level and the qualifications are within those of the employee it may not be seen as constructive dismissal.
• A fundamental change in job duties, job responsibility and salary may be reason for a legal remedy.

3. Workplace Harassment and Bullying – Information for Employees

• Since June 15, 2010 with the coming into effect of Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), employers in Ontario have a new obligation to protect employees from workplace violence and harassment.
• The Occupational Health and Safety Act now defines workplace harassment as: “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably be known to be unwelcome”.
• Workplace violence is defined as:
  1. “the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to a worker;
  2. “an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to a worker”; or
  3. “a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker”.
• Employees must have access to the company’s written policies on workplace violence and harassment.
• These policies must be posted in an obvious place in the workplace and employees must have been provided information on these policies.
• There has to be a clear guideline on measures and procedures for reporting and investigation of incidents.
• In relation to workplace violence, there must be measures and procedures to control the risks identified in a workplace assessment that can expose a worker to physical injury and these must be shared in writing.
• There must be written guidelines on how to seek assistance under the program.
• Employees must be informed about how their employers will address workplace violence and harassment.
• An employee has the right to refuse work if workplace violence is likely to endanger the employee.
• If the employer is aware, or ought to reasonably be aware, that there is domestic violence that may expose an employee to physical injury which may occur in the workplace, the employer must take every reasonable precaution to protect that employee

Please see our newsletter ‘Working Notice’ to keep abreast of current issues in employment law.

Note: The legal information provided on this site is for illustrative and general reference purposes only and is not, under any circumstances, meant to be a substitute for professional legal advice. For more detailed information please contact us at (416) 593 5844 or by e-mail.