Waheeda Ekhlas Smith

How much time should an employer provide a prospective hire to review an employment contract?

Learn about the appropriate amount of time an employer should provide a prospective hire to review an employment contract.

Key Points:

Time Allotted for Reviewing Employment Contracts: There is no definitive legal requirement for the amount of time an employer must provide for reviewing an employment contract. However, best practices suggest allowing several days for the prospective employee to review the contract and seek independent legal advice if desired.

Legal Considerations for Employment Contracts: Employment contracts must be legally enforceable and comply with applicable laws and regulations. Employers should ensure that the contract terms are legal and do not infringe on employee rights. Providing an opportunity for legal review does not absolve the employer from ensuring the contract's legality.

Best Practices for Employers: It is recommended that employers provide a comprehensive employment contract upfront, rather than relying on offer letters or emails that may lack important details. Employers should also include a clause stating that the prospective employee has had the opportunity to seek independent legal advice, even if they choose not to do so.

Protecting Employer and Employee Rights: Employers should balance the need for a timely hiring process with providing sufficient time for contract review. In competitive sectors where time is limited, a short offer letter or email can serve as a temporary measure, but the full contract should be provided as soon as possible. Employers should also ensure that any changes to the contract terms do not reduce employee rights without appropriate "consideration" which can equal additional compensation.

For more information::
Website: https://smithemploymentlaw.ca/
Contact: https://smithemploymentlaw.ca/contact/

©2023, Law Society of Ontario. Reproduced with the permission of the Law Society of Ontario.

Can an employer dismiss an employee without notice or a reason?

Learn about the rights of non-unionized employees in Ontario when dismissed without cause or reason by their employer.

Key points:

Employee Dismissal Rights:
Most non-unionized employees in Ontario are subject to the Employment Standards Act (ESA). If terminated without cause, the employer must provide reasonable notice of termination or payment in lieu of notice, commonly referred to as a severance or termination package. Failure to provide this can constitute wrongful dismissal.

Statutory Termination Notice / Severance Pay:
Under the ESA, the minimum statutory standard is up to 8 weeks of reasonable notice or pay in lieu. For employees with 5 or more years of service in a company with a payroll of $2.5 million or more, an additional week per year of service is added, up to a maximum of 26 weeks. This second bit is known as statutory severance pay.

Factors Determining Common Law Reasonable Notice Period:
The common law or judge-made law sets the upper limit or ceiling for reasonable notice or pay in lieu, which can be up to 24 months or more in exceptional cases. This ceiling includes the minimum statutory entitlement. The reasonable notice period is determined by factors known as the Bardal factors, including age at termination, length of service, salary, nature of employment, and availability of comparable jobs.

For more information::
Website: https://smithemploymentlaw.ca/
Contact: https://smithemploymentlaw.ca/contact/

©2023, Law Society of Ontario. Reproduced with the permission of the Law Society of Ontario.

What happens when an employer rescinds my job offer and I’ve already quit my old job?

Learn about the legal implications and employee rights when an employer rescinds a job offer after the employee has already resigned from their previous job.

Key Points:

Employment Contract and Job Offer Rescission: If an employee has accepted a job offer, a valid employment contract is formed, even before the employee starts working. The employer cannot usually unilaterally withdraw the offer without consequences, unless specific contingencies (such as background checks or misrepresentation by the employee) were not met.

Employee Rights and Entitlements: In the event of a rescinded job offer, the employee is entitled to reasonable notice or pay in lieu of notice, similar to a termination scenario. The amount of notice or pay is determined by factors like age, position, salary, and availability of comparable employment.

Notice Period and Severance Pay: The courts have ruled that an employee is entitled to reasonable notice or damages if appropriate notice is not given when a job offer is rescinded. The notice period or severance pay is calculated based on the same principles as termination cases, considering factors like age, position, salary, and job availability.

Mitigating Damages and Finding New Employment: Even if an employee pursues legal action against the employer for rescinding the job offer, the principle of mitigating damages applies. The employee is expected to actively seek new, comparable employment to reduce their losses or damages.

For more information::
Website: https://smithemploymentlaw.ca/
Contact: https://smithemploymentlaw.ca/contact/

©2023, Law Society of Ontario. Reproduced with the permission of the Law Society of Ontario.

How to work with an employment lawyer for the first time

Learn about navigating first-time employment law issues and utilizing available resources and tools to protect your rights.

Key points:

Advice for First-Time Employment Law Issues:
If you are dealing with employment law issues for the first time, it's important to know you are not alone—many people face workplace challenges. You should not feel embarrassed or ashamed about being let go or maybe even facing an investigation. It is essential to seek legal advice before signing any documents or agreements, as these can have long-term consequences. Additionally, keeping crucial documents like employment contracts, performance reviews, pay stubs, and T4s can be instrumental in protecting your rights.

Resources and Tools:
Several resources are available to assist with employment law matters. The website "Steps to Justice" provides a basic understanding of employment law concepts and terms. For low to moderate-income Ontarians, "JusticeNet" offers legal services at reduced rates. "Pro Bono Ontario" provides 30 minutes of free legal advice from employment lawyers. If facing human rights or discrimination issues, the Human Rights Legal Support Centre offers support for provincially regulated workplaces, while the Canadian Human Rights Commission assists with federally regulated complaints.

Making the Most of the Lawyer-Client Relationship:
To get the most out of your lawyer-client relationship, it is important to be transparent and honest about your concerns from the start. Listen carefully to your lawyer’s advice and recommendations, and provide the necessary information and documents promptly. Regular communication is crucial, so ensure you stay in touch and avoid disappearing at critical times.

For more information::
Website: https://smithemploymentlaw.ca/
Contact: https://smithemploymentlaw.ca/contact/

©2023, Law Society of Ontario. Reproduced with the permission of the Law Society of Ontario.

Immlight Episode 13: Special Afghanistan Episode

In this episode, Will and Lou speak to two individuals who have particular vantage points in the unfolding humanitarian crisis in Afghanistan. They speak to Waheeda Ekhlas Smith, the head of a Group of Five Sponsorship (G5) Sponsorship group and talk about the pain points encountered in the process that are only exacerbated by the current tragedy. Next, they speak to Hadia Samim, an astute advocate who works in human rights and development.

“Key Considerations and Changes in Employment Law”

Waheeda Ekhlas Smith, Employment Lawyer, Smith Employment Law spoke at our recent Canadian Virtual Recruiters Conference. “Key Considerations and Changes in Employment Law”