Navigating The Legal Pitfalls Of Employment Law

Labour & Employment laws are crucial to both employees and employers. They protect by setting up the rules that everyone must follow. Kahane Law offers a variety of services in the area of labour law and employment law. Labour & employment law is an area of law that can have huge financial and other consequences for both employees and employers. It is vital to make any key decisions regarding labour & employment law issues with proper legal advice. For help in Calgary call (403) 225-8810.

What is Labour Law?

Labour law is an area of law that deals with employees and employers in a union context. There are two areas of labour law. They can be collective or individual. Collective labour law deals with the relationship between a union, employer and employees. Similarly, individual labour law deals with employees’ rights in the workplace. Most important to note is that these rights are determined by collective bargaining agreements.

This area of law includes collective bargaining, Collective agreement arbitration, Labour relations board litigation, Unionized workplace issues, Labour grievances and arbitrations.

What is Employment Law?

Employment Law is an area of the law that deals with the employer and its employee relationships. It involves non-unionized situations. The law surrounding employment issues is governed by provincial and federal employment standards legislation and also employment and employee rights are determined by the common law and employment contracts. Legislated employment standards are the minimum rights that employees are entitled to. Common law is a body of law created by previous decisions which establishes a binding precedence. Usually, it is the common law decisions that give employees more rights than the basic ones given by employment related legislation. This most often comes up in the issue of severance pay.

Each week, we receive calls from clients who require assistance in determining the proper amount payable when a company lets an employee go. Accordingly, we offer legal services for: Severance package reviews, Wrongful dismissal actions, Constructive dismissal actions, Executive compensation & termination issues, Employee rights to pension and fringe benefits upon termination, Employment insurance, Canada Pension Plan.

Interpreting and Correctly Applying Employment Legislation in the Workplace

The language within employment legislation can at times be confusing thereby creating some uncertainty with respect to the rights of employees and responsibilities of employers. We have dealt with a wide range of instances where employment standards legislation was not applied correctly. Instances include, the employer failing to pay overtime, or properly calculate overtime hours, maximum or minimum hours an employee can work or is entitled to, and, especially during the pandemic, temporary layoffs and recalls. If you are unsure of your rights or responsibilities, as an employee or employer, please do not hesitate to contact us.

Agreements Dealing with Employment Law

Properly drafted contracts fend off problems before they even arise. Companies save time, money and headaches if they start new employees off on the right foot. Of course, other employment related contracts 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.

If you are an employee and have been presented with a new contract, it is necessary to understand the legal implications of the terms and provisions within the new contract. Often employees will sign a contract without understanding the full scope of the new contract and, unfortunately, realize this once it is too late. We commonly see this when it comes to severance entitlements whereby the employee learns they signed a contract that includes a termination clause. If you do not fully understand terms and or conditions within a new contract, it is prudent to have legal counsel review and explain to you the full meaning prior to signing.

Employee Workplace Issues

A broad number of employee related workplace issues exist. These include, short and long term disability claims, Human rights claims & discrimination, Provincial and Federal employment standards, Sexual harassment, Constructive Dismissal,

Quiet Firing, Wrongful Dismissal, Workplace bullying, Privacy legislation, and 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 training. Lastly, our team offers custom created seminars to meet your companies employment related requirements.

If you are an employee who is unsure whether your employer has violated your rights, we can guide you through the legal process or direct you to the appropriate regulatory body.

Employer Related Areas

This category includes a wide body of legal issues. For example, they include fiduciary obligations of executives & managers, key employees and senior level employees, Reasonable Notice Assessments, just cause terminations & assessments, Employee rights connected to amalgamations, mergers and the sale of a business, Strategic planning and corporate structuring, Immigration, including LMOs and temporary foreign worker permits.

Occupational Health and Safety Employment Law

In recent years, this area of law sees more publicity than in the past. Workplace safety issues affect both employees and employers directly. Failure to comply with safety requirements and or legislation can jeopardize the wellbeing of employees, damage the reputation of the business, and expose the business to legal liabilities. Our team offers, 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.

Getting Help with a Labour & Employment Law Lawyer

The Edmonton and Calgary labour & employment lawyers at Kahane Law Office help both employers and employees. Never in the same matter though! Issues related to the workplace often have significant impacts on both the employer and the employee. We always recommend knowing your rights before signing any documentation or dealing with employee issues. Lastly, learn more about our employment law team here. Kahane Law Office features offices in Calgary and surrounding areas. For help in the Calgary area please call: (403) 225-8810. If you prefer, feel free to email today to contact us.