Doing business in Toronto requires more than managing operations and compliance. The efforts go beyond just generating profits from sales and marketing. However, in a changing work environment, workplace laws and employee rights are emphasized more to build trust and confidence in the company. Most companies have an in-house HR department, which takes care of employees’ rights.
However, some HR departments are complex and require extra compliance. This is when the importance of having an HR lawyer Toronto may be critical for the business.
HR attorneys give active and lawful protection, along with assistance in writing agreements and maintaining compliance, as well as representing employers in litigation. Whether you own a small start-up business or a large corporation, it is achievable to save time, funds, and reputation by hiring an attorney specializing in employment-related matters.
Understanding The Role Of An HR Lawyer
A Toronto HR lawyer is not only involved in conflict resolution, but also serves employers closely to ensure sound structures in the workplace. They are usually responsible for:
- Checking and updating the employment contract to ensure compliance with Ontario labour laws.
- Counseling on employee dismissals, severance compensation and just cause challenges.
- Making sure the policies of the workplace are in line with the Employment Standards Act (ESA) and the Ontario Human Rights Code.
- Addressing investigations of allegations of harassment or discrimination at the workplace.
Through this assistance, an HR lawyer saves a company a significant amount of money, which can be spent on avoiding lawsuits or fines that would otherwise be incurred.
See also: North Bay Criminal Lawyer: Your Complete Guide to Legal Defence
How Toronto HR Lawyers Can Help
If there are complications and injustice at the workplace, the presence of an HR lawyer is crucial. Whether one party is at fault, it is essential to consider the other’s perspective to obtain fair justice for victims. Employment issues must be evaluated through a critical examination to ensure that both parties receive compliant assistance. HR lawyers provide help, such as:
For Employees
- Wrongful Dismissal
- Workplace Harassment
- Unlawful Discrimination & Human Rights Violations
- Severance Package
- Constructive Dismissal
- Pay Equity
- Workplace Disability and WSIB
- Just Cause for Dismissal
For Employers
- Wrongful dismissal
- Employment Contracts
- Exit Agreements & Termination Letters
- Human Rights
- Labour Arbitrations
Let us explore some of the areas where an HR lawyer Toronto can help both employees and employers protect their rights.
Employment Contracts And Workplace Policies
Employment contracts are one of the most common areas in which businesses seek legal advice. The ineffectively written contract may expose an employer to potential risk, particularly when there is a contradiction in the agreement concerning termination, non-compete, and benefits. An HR lawyer Toronto firms can rely on will ensure that the contracts are both legally binding and reasonable, as well as well-written.
In addition to contracts, the HR lawyers help to create workplace policies. Employers in Toronto are required to have written policies that outline rights against workplace violence, preventing them harassment and ensuring health and safety. Such policies must align with provincial laws, and an HR laywer ensures that nothing is missed. By doing so, the company can boost employee confidence and foster transparency in its working policies.
They Provide Fairness In Workplace Investigations And Compliance
Fairness is the most crucial element to an effective workplace investigation. Any unfairness in the investigative process places the entire investigation at risk of being overturned upon review by a court or administrative tribunal, even if the outcome itself is correct.
What constitutes “fair” varies by case, but certain core elements of procedural and substantive fairness applicable to all investigations include:
- The respondent has the right to be informed about the details of the allegations made against them (although this does not always include being able to see the name of the accuser) accuser)
- The investigator must be impartial, fair, and unbiased
- Findings, part of the investigation, must be reasonable and based on the application of the applicable law, policy, or rule to the facts and evidence. The respondent must be allowed to respond to the allegations and can only do so by having a complete understanding of the allegations themselves.
- The complainant and respondent have the right to be informed of the investigation’s conclusions and the rationale behind them outcome.
- The complainant and respondent should be informed of their right to request a review of the outcome, if applicable.
- All parties involved, including the complainant, respondent, and witnesses, must be safeguarded from retaliation by others for their participation in the investigation, except for any fair and appropriate actions taken as a result of the investigation findings)
Investigations should be completed promptly to prevent unfairly prejudicing any of the parties. For example, if a respondent is suspended while awaiting the outcome of the investigation, an unnecessary delay could lead to a claim of constructive dismissal.
Conclusion
Whether conducting third-party workplace investigations or addressing sensitive employee misconduct issues, follow best practices to protect your company and staff. Confidentiality, legal compliance, and tailored solutions are the main focus of our approach. HR lawyer Toronto can ensure that every step of the workplace inquiry process is clearly outlined and conducted in accordance with employment law.
