- Suite 760, 2710 – 17 Avenue SE, Calgary, Alberta, Canada. T2A 0P6
Our practice also covers employment and labour matters.
Labour & Employment laws are important to both employees and employers in that they protect by setting up the rules that both employer and employee must follow. At E & T Legal, we offer a variety of services in the areas of labour and employment law.
While Employment Law is an area of the law that deals with the employer and its employee relationships, labour law on its part is an area of law that deals with employees and employers in a union context. Employment Law involves non-unionized situations. Employment issues are governed by provincial and federal employment standards legislation. They are also determined by the common law and contracts. Legislated employment standards are some how the minimum rights that employees are entitled to. Common law employment laws are decisions made by judges that are binding. Our experience includes pursuing claims on behalf of our clients in employment and labour matters.
Areas of Employment Law E & T is involved in:
Severance pay
often referred to as “Severance Package” is the amount of money your employer must give you, the employee when your employment is terminated. It may include several aspects of your compensation.
Wrongful dismissal.
Sometimes wrongful dismissal can take the form of the employer making false claims about having “just cause” when it comes to an employee’s termination. In these situations, they may try to withhold the employee’s financial entitlements that should be included in his/her severance package. When employers take this type of approach to rid themselves of their legal obligations to the employee, it is very important that the employee stands up for his/her rights. Some employers make false allegations to avoid paying an employee what is rightfully theirs, and this is simply unacceptable. At other times, the employer goes through the back door to dismiss the employee without evidence of serious wrongdoing by the employee. At E and T we have dedicated professionals to fight your wrongful dismissal case for you.
Constructive dismissal-
When the employer significantly changes the term of the employment contract without the accord of the employee. It may involve the employer making changes to the employee’s position (e.g demotion) so that the employee is not in essence in the same position anymore. It may also include where the position is located, changes in the employee’s responsibilities, the work environment, any significant change to the benefit and compensation, an employee ability to perform the work, how much work the employer expects the employee to perform and any other significant changes in the work terms. Parties to a contract must agree before changing the terms. The court determines that there is constructive dismissal if the employee can prove (1) the term of the contract which may be written or oral; (2) the employee needs to prove that the breach was that of a significant term(s) and (3) the breach was of a fundamental nature- the breech needs to be more than just a minor change, it needs to go to the heart of the nature of the employment contract.
• Executive compensation and termination issues.
• Employment insurance.
• Right to pension.
Employment Contracts
What are Employment Contracts?
An employment contract or agreement is the specified terms of your relationship with your employer. It sets out your compensation, work hours, responsibilities, and many other things. Employment contract may be either oral or written. Oral contracts are just as enforceable as written contracts.
A well drafted contract prevents dispute and problems before they even arise. A company will save time, money and headaches if it starts new employees off on the right track. Furthermore, a properly drafted employment related also help clients make sure their business continues to run smoothly. Employment contracts include: Employment contracts (review and drafting), Employment policies (review and drafting), confidentiality agreements, non-competition & non-solicitation agreements.
Workplace Issues
There is also a broad range of other employee-related workplace issues E & T legal will assist its clients with. These include short and long term disability claims, Human rights claims & discrimination, Provincial and Federal employment standards, Sexual harassment, Workplace bullying, Privacy legislation, Privacy matters. Proactive action, when it comes to issues in the workplace, often is the best course of action for an employer. Our team offers employee and management advice.
Employer Related Areas
At E and T we also deal with employer-related issues such as fiduciary duty of executives and managers, key employees and senior level employees, reasonable notices assessments, just cause dismissal, immigration issues and processing foreign temporary workers permit, including Labour Market Opinion (LMO) and Labour Market Impart Assessment (LMIA).
Occupational Health and Safety Employment Law
Work place safety issues affect employees and employers whether directly and has a serious repercussion to the reputation of the business. We offer, occupational health and safety training for employees and employers, occupational health and safety policies, Occupational health and safety prosecution defence.
Employment Law Related Litigation
Our team of lawyers dealing with employment related issues are able to assist with all aspects of disputes between employees and employers. This includes everything from judicial review of administrative decisions to full litigation services for employers and employees.
At E & T Legal, our team also specialise in arbitration, collective agreement negotiation and labour grievances.
Contact info
- Suite 760, 2710 – 17 Avenue SE, Calgary, Alberta, Canada. T2A 0P6
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