Labour law and employment law are two different areas of law but are highly connected. It is very common for lawyers who practice employment law to also practice labour law. It is also very common that employment law firms will also offer legal services in labour law.
Employment Law Protects Non-Unionized Employee Rights
Employment law applies to employees who are non-unionized workers in Ontario. Employees who are non-unionized have their employment terms set out in an individual employment agreement or employment contract.
The key piece of legislation in employment law is the Employment Standards Act, 2000 (“ESA”). The ESA sets out statutory minimum entitlements or rights for non-unionized employees to things like minimum wage, vacation pay, parental leave, sick leave and notice or pay in lieu of notice upon termination from their job and severance pay. Employment law also uses the common law to determine an employee’s employment rights. The common law (which is law decided by judges based on court cases) often provides greater employment rights than what is set out in the ESA. For example, the ESA sets out minimum statutory entitlements for notice upon termination of an employee’s employment. However, the entitlement to notice under the common law is greater than what the entitlements are under the ESA.
Finally, an employee who is non-unionized can go directly to Ontario’s courts to help them resolve disputes relating to their employment rights. They do not have to act through a union representative to grieve a case if they feel their workplace rights were violated.
Labour Law Protects Unionized Worker Rights
Labour law applies to workers who are unionized which means that they are members of a union. These workers have the terms of their employment set out in collective agreements. Collective agreements are contracts that are negotiated between employers and unions and to which employees in a particular bargaining unit are beneficiaries. In addition to the ESA, the key piece of legislation in Ontario is the Labour Relations Act, 1995.
How a unionized worker resolves a dispute over their employment rights is very different than in employment law. For instance, unionized workers cannot make a claim in court to resolve disputes related to their employment. The unionized worker will typically approach their union to resolve a dispute, and the union can file a grievance with the employer to help the unionized worker to help the unionized worker resolve the workplace dispute. If the grievance fails, the union representative will then decide if the matter is worth escalating to an arbitration to resolve.
Unionized employees do have to autonomy over their workplace issues but not as much as their non-unionized counterparts. We discuss this topic in our article about self-advocacy for unionized employees in Ontario.
The Lawyers at Zeilikman Law Handle Both Employment Law and Labour Law Matters
As both labour and employment lawyers, Zeilikman Law help clients going through either employment or labour law issues and disputes.
As employment lawyers, we deal with matters involving
- Employment agreement preparation and review
- Notice of termination and termination pay
- Claims of wrongful termination and constructive dismissal
- Severance pay
- Employment statutory rights and standards
- Human rights issues
- Workplace harassment
As labour lawyers, we deal with matters involving
- Collective bargaining
- Union decertification and certification
- Union grievances
- Labour arbitration
Let the lawyers at Zeilikman Law help you navigate these complex issues to get you the best possible outcome. Contact us today at (905) 417-2227 or email us for a consultation to learn more.
