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Employment and labor law in Pickering, a city within the Greater Toronto Area of Ontario, is governed mainly by provincial statutes, federal laws (in certain sectors), and common law. These laws establish the rights and obligations for employers and employees, covering issues such as hiring, compensation, workplace safety, discrimination, wrongful dismissal, and collective bargaining. Most workers in Pickering are covered by Ontario’s Employment Standards Act, 2000 (ESA), which sets the baseline for employment conditions in the province.
There are many situations where seeking legal advice in employment and labor matters becomes crucial. These include:
A lawyer can help clarify your rights, negotiate settlements, represent you before courts or tribunals, and help you navigate complex legal processes.
While federal laws such as the Canada Labour Code apply to a small number of federally regulated industries (e.g., banks, telecommunications, transport), most Pickering workplaces fall under Ontario provincial law. The most relevant legislation includes:
Additionally, local bylaws may regulate specific businesses or industries, particularly regarding hours of operation or minor employment, but most employment law matters are covered at the provincial level.
The minimum wage is set by the Government of Ontario and applies province-wide. As of June 2024, the general minimum wage is $16.55 per hour. Special minimum wage rates may apply to students, liquor servers, and homeworkers.
Ontario employment law allows for termination without cause if the employer provides the employee with written notice, pay in lieu of notice, or a combination, as required by the ESA or your contract. Some exceptions and additional rights may apply.
You can raise the issue with your employer through their internal complaint process. Employers are legally required to investigate and address harassment claims. If unsatisfied, you may consult the Ontario Human Rights Tribunal or the Ministry of Labour. Legal counsel is also recommended for guidance.
Most employees in Ontario are entitled to overtime pay for hours worked beyond 44 in a workweek; overtime must be at least 1.5 times the regular rate of pay. However, there are exceptions for certain professions and managers.
Eligibility for severance depends on your length of employment, the size of your employer, and other factors. The ESA defines minimum termination and severance pay, but common law or contracts may provide more generous entitlements.
Significant, unilateral changes to job duties, hours, or pay may constitute constructive dismissal, allowing an employee to treat the contract as terminated and seek compensation. Speak with a lawyer for advice in these situations.
Ontario’s ESA provides rights to various protected leaves, including maternity and parental leave, sick leave, family caregiver leave, bereavement leave, and more. Eligibility and duration vary, and you cannot be penalized for taking statutory leave.
If you are injured at work, report it to your employer and seek medical attention promptly. Your employer should file a WSIB claim. If there are disputes or you need to appeal a WSIB decision, a lawyer or a legal clinic can assist.
While not legally required, a written contract clarifies rights and obligations. Without one, statutory minimums and court-established common law rules apply. Always review contract terms carefully and seek legal advice if unsure.
No. The ESA and Human Rights Code protect employees from being terminated or punished for taking legitimate sick leave or other protected absences.
If you require legal advice or assistance in an employment or labor matter in Pickering, consider the following steps:
Understanding your rights and seeking experienced legal guidance can make a significant difference in protecting your interests and resolving employment and labor disputes in Pickering, Canada.
