Employment Dispute Lawyer
Employment disputes are among the most personal and consequential matters that come before the courts. Achkar Law has been representing employers and employees in employment litigation across Ontario and British Columbia for years. Whether you are an employer defending a claim or an individual pursuing one, our employment litigation lawyers are ready to help.
Visit Our Employment Law SiteWhat Is Employment Litigation?
Employment litigation covers the disputes that arise from the employment relationship when they cannot be resolved through negotiation or internal processes. Those disputes are brought before courts, administrative tribunals, or arbitrators, and they involve claims by employees against employers, counterclaims and defences by employers, and in some cases proceedings that involve both simultaneously.
The range of employment litigation matters is broad: wrongful dismissal claims, constructive dismissal, disputes over severance and pay in lieu of notice, human rights applications, claims for breach of employment contract, non-competition and non-solicitation disputes, and actions involving senior executives or key employees whose departures give rise to significant legal consequences on both sides.
Employment law in Canada is complex, jurisdiction-specific, and evolving. The rules that apply in Ontario differ in important respects from those in British Columbia, and the procedural choices available in each province affect how a matter is best handled. Achkar Law practices employment law in both provinces and has dedicated resources for employers, for employees in Ontario, and for employees in BC. You can find full coverage of all of those matters at achkarlaw.com.
Looking for Employment Law Advice?
Our primary employment law site has dedicated resources for employers, employees in Ontario, and employees in British Columbia. Find the right starting point for your situation.
Types of Employment Litigation We Handle
Wrongful Dismissal
When an employee is terminated without cause and without adequate notice or severance, a wrongful dismissal claim may follow. The amount of notice owed depends on a range of factors including length of service, position, age, and the availability of comparable employment. We act for both employers defending these claims and employees pursuing them. Detailed resources on wrongful dismissal are available at achkarlaw.com.
Constructive Dismissal
A constructive dismissal occurs when an employer unilaterally makes a fundamental change to the terms of employment, effectively forcing the employee out without formally terminating them. These cases require careful analysis of what changed, whether the employee accepted or rejected the change, and what notice entitlements flow from the situation.
Employment Contract Disputes
Many employment disputes turn on the interpretation or enforceability of written employment agreements, including termination clauses, bonus provisions, and restrictive covenants. Courts in Ontario and BC have been willing to strike down termination clauses that do not comply strictly with employment standards legislation, which has significant implications for how severance is calculated.
Non-Competition and Non-Solicitation Disputes
Restrictive covenants in employment agreements are subject to close scrutiny by courts. A non-competition clause that is found to be unreasonable in scope, duration, or geographic coverage may not be enforceable. We act on both sides of these disputes: employers seeking to enforce restrictive covenants against departing employees and employees challenging covenants that unreasonably restrict their ability to work in their field.
Employment Litigation Defence for Employers
Employers facing claims from current or former employees need litigation counsel who understands the employment law landscape as well as the litigation process. Employment litigation defence requires managing costs, preserving the employment record, and making strategic decisions about when to defend and when to resolve. Our employment litigation lawyers advise employers on all of it. More information for employers is available at achkarlaw.com.
Human Rights and Tribunal Proceedings
Employment-related human rights complaints in Ontario are brought before the Human Rights Tribunal of Ontario. In BC, complaints proceed to the BC Human Rights Tribunal. These proceedings involve their own rules, timelines, and evidentiary considerations and run parallel to or instead of civil court proceedings depending on the nature of the claim.
Employment litigation moves quickly once a claim is filed. Whether you are an employer or an employee, early advice protects your position.
1-800-771-7882 Find Your Employment Law ResourceEmployment Litigation Defence for Employers
Employers who receive a wrongful dismissal claim, a human rights application, or a demand from a former employee need to respond promptly and strategically. The decisions made in the first days after a claim is filed or threatened can significantly affect both the cost and the outcome of the matter.
Effective employment litigation defence starts before a termination happens. How a dismissal is handled, what documentation exists, whether the employment contract has enforceable termination provisions, and how communications with the employee have been conducted all affect what happens if a dispute follows. Our employment litigation lawyers advise employers throughout the employment relationship, not only when litigation is already underway.
Achkar Law's dedicated employer resources, including advice on termination, severance, workplace policies, and litigation defence, are available at achkarlaw.com. You can also reach us directly at 1-800-771-7882.
Employment Litigation for Employees
Employees who have been dismissed, had their role significantly changed, or been treated in a way that feels wrong often do not know where to start. The first question is usually whether what happened was lawful, and if not, what remedy is available and through which process.
In Ontario and BC, employees have access to civil courts, employment standards processes, and human rights tribunals, depending on the nature of their claim. Choosing the right forum and framing the claim correctly from the outset matters more than most people expect. Pursuing the wrong process, or accepting a settlement before understanding the full entitlement, can leave significant money or remedies on the table.
Our employment law site has separate dedicated resources for employees in Ontario and employees in British Columbia, covering wrongful dismissal, constructive dismissal, severance, human rights, and more. Visit achkarlaw.com to find the right starting point for your situation.
Employer or Employee: We Have the Right Resource for You
Achkar Law's employment law site has dedicated pages for employers, employees in Ontario, and employees in BC. Start with the right one for your situation, or call us and we will point you in the right direction.
Employment Litigation in Ontario and British Columbia
Employment law is provincial. The rules that govern employment relationships, the notice and severance entitlements available on termination, the forums where disputes are heard, and the procedural steps involved all differ between Ontario and BC. A lawyer who practices employment litigation in both provinces understands how those differences affect strategy and outcome.
Ontario Employment Litigation
In Ontario, wrongful dismissal claims are typically brought in the Superior Court of Justice. The Employment Standards Act sets minimum entitlements, but common law notice entitlements often exceed those minimums significantly. Human rights claims proceed before the Human Rights Tribunal of Ontario. Mandatory mediation applies to most civil proceedings in Toronto, Ottawa, and Windsor, which shapes how employment litigation proceeds in those cities.
British Columbia Employment Litigation
In BC, wrongful dismissal claims proceed in the BC Supreme Court. The Employment Standards Act of BC sets minimum entitlements that differ in important respects from Ontario's. Human rights complaints proceed before the BC Human Rights Tribunal. BC courts have developed their own body of case law on constructive dismissal, severance, and restrictive covenants that a BC employment litigator needs to know well.
Achkar Law practices employment law in both Ontario and BC. Our employment law site at achkarlaw.com has dedicated resources for each province and for both sides of the employment relationship.
Employment Litigation: Frequently Asked Questions
What is the difference between wrongful dismissal and constructive dismissal?
Wrongful dismissal occurs when an employee is terminated without cause and without adequate notice or pay in lieu of notice. Constructive dismissal occurs when the employer does not formally terminate the employee but makes such a fundamental change to the terms of employment that the employee is effectively forced to resign. Both can give rise to significant liability for employers and significant entitlements for employees.
How is severance calculated in Ontario and BC?
Severance entitlement depends on whether you are looking at the statutory minimums under employment standards legislation or the common law notice period, which is typically much longer. Common law notice depends on factors including length of service, age, position, and the availability of comparable employment. The difference between the two can be substantial. Detailed information on severance calculation is available at achkarlaw.com.
Can an employer enforce a non-competition clause?
Non-competition clauses are enforceable in limited circumstances in Ontario and BC, but courts scrutinize them carefully. A clause that is overbroad in its geographic scope, duration, or the activities it restricts may be struck down entirely. The analysis is fact-specific and the enforceability of any particular clause depends on how it was drafted and the context in which it applies.
Should I go to court or file an employment standards complaint?
It depends on the nature of your claim, the amount in dispute, and the remedy you are seeking. Employment standards processes are faster and less expensive but are limited to minimum statutory entitlements. Civil court proceedings can recover common law notice entitlements that significantly exceed those minimums but involve more time and cost. In some cases, making an employment standards complaint can affect your ability to pursue certain civil remedies. Getting legal advice before choosing a forum is important.
I am an employer who has just received a wrongful dismissal claim. What should I do?
Act promptly and get legal advice before responding. The way you respond to a claim, what documents you produce, and the positions you take early in the process all affect the outcome and the cost of defending the matter. Do not contact the former employee directly without advice. More resources for employers are available at achkarlaw.com.
Where can I find more information on employment law for my specific situation?
Achkar Law's employment law site has dedicated resources for employers, employees in Ontario, and employees in British Columbia. Visit achkarlaw.com/employment-lawyer to find the right starting point, or call us at 1-800-771-7882 and we will direct you to the right resource.
Speak With an Employment Litigation Lawyer
Not sure where to start? Tell us about your situation and we will point you in the right direction. You can also visit achkarlaw.com for our full employment law resources, or call us directly at 1-800-771-7882.