A guide to Canadian Employment Law
When it comes to Canadian employment law, you will want to keep a few things in mind. In this article, we will cover protections against unjustified terminations, excessive working hours without pay, whistleblowing, and retaliation.
It will also give you an idea of the various categories of employees. And finally, we will cover what employers cannot do and can’t do to you. As an employer, it is important to understand the rights of your workers.
Protections against terminations without cause
Under Canadian employment law, employees are protected from mass dismissals or terminations without cause, which is generally illegal in Canada. Mass terminations can occur when 50 or more employees are dismissed from one company within a four-week period.
There is no minimum length of employment requirements to qualify as a mass dismissal. Employees who are terminated in a group are often subject to additional legal obligations that go beyond the statutory minimum.
In Canada, most employment relationships are indefinite in duration. While there is no such thing as an “at-will” contract, employers are required to provide reasonable notice prior to dismissing an employee and to pay in lieu of notice.
In most cases, an employer will be required to give at least three months’ notice if they terminate an employee without cause. Moreover, in many provinces, employees have accrued rights to be paid in lieu of notice.
Protections against retaliation
In Canada, there are laws protecting employees from retaliation if they make a complaint about workplace harassment, discrimination, or sexual harassment. These laws apply to employers with 25 or more employees.
The victim must give notice of the retaliatory act to the employer, and the employee must file the complaint within a year of the retaliatory act. Protections against retaliation in Canadian employment law are a vital part of the rights of employees in the workplace.
Under the laws in Canada, employers cannot retaliate against employees who file whistleblower complaints. This protection is enshrined in the Criminal Code, which makes it an offense to retaliate against an employee who makes a complaint. Employers who commit retaliation against whistleblowers are subject to hefty fines and up to five years in prison.
Protections against excessive hours without compensation
In Canada, there are various laws protecting employees from working excessive hours without compensation. In most provinces, employers cannot discriminate based on gender, race, or religion, and they must pay equally for the same job with similar working conditions.
Only BC does not have any legislation relating to equal pay. In addition, federally regulated companies must accommodate flexible work arrangements. These arrangements can vary the number of hours or work location an employee is required to work.
To request flexible work arrangements, an employee must submit a written request to the employer. The request must be made no less than six months in duration.
However, top lawyers like Levitt LLP are an excellent resource for any kind of protection in Canadian employment law.
Protections against retaliation for whistleblowing
While retaliation against whistleblowers can range from demotions to firing, and even criminal charges, the laws in Canada do not cover all of these situations.
However, there are regulations in place that protect whistleblowers. The following are examples of situations that are protected by Canadian employment law. Protecting whistleblowers can help ensure that their work life does not become a nightmare.
A person can file a complaint against their employer if they believe that they are the victim of retaliation after reporting misconduct. This claim can be filed anonymously or with the assistance of an attorney.
The information submitted to the government is kept confidential. Depending on the situation, a complainant can be granted a judicial review of their complaint. Despite this, whistleblowers should always feel confident that their information will remain private and confidential.
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