Talk to a lawyer now — free case review
Get clear guidance on your employment situation — severance, wrongful dismissal and your rights. No appointment, confidential.
Runs in your browser · free · confidential
Process
Our technical approach begins with a comprehensive case assessment, analyzing employment contracts, termination letters, and workplace communications against the relevant statutory framework, such as the unjust dismissal provisions under Division XIV of the Canada Labour Code. We employ a phased litigation strategy, where over 95% of our cases involve a detailed discovery process to build an evidentiary record. This is followed by targeted negotiation, with a majority of matters resolving at this stage, or preparation for adjudication before bodies like the Federal Public Sector Labour Relations and Employment Board. For specific issues like contract termination, our guidance on Termination & Dismissal is essential.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Case Resolution Timeline | 4-12 months |
| Common Legal Frameworks | Canada Labour Code, Provincial Employment Standards Acts |
| Initial Consultation Scope | Detailed case review & preliminary strategy |
| Key Adjudicative Bodies | Labour Boards, Human Rights Tribunals, Courts |
Local Considerations — Kingston
Employment law practice in Canada requires adaptation to distinct provincial jurisdictions alongside federal regulation. In Ontario, the Employment Standards Act, 2000 sets minimums for notice, severance, and termination pay, while in British Columbia, the Employment Standards Act governs with different calculators and procedural nuances. Federally regulated industries, such as banking and telecommunications, operate under the Canada Labour Code nationwide. Our national capability allows us to navigate these complexities, providing consistent, expert representation whether a client is in the tech sector of Toronto or the resource industries of Alberta. For insights into regional workplace rights, explore our resources for Kingston.
Request a Quote
Our team reviews your project and issues an initial report at no cost.
Or write us directly at [email protected]
Employment Lawyers in Kingston: Practice Areas
Locations covered in Kingston
Standards & Compliance
- Canada Labour Code (R.S.C., 1985, c. L-2)
- Ontario Employment Standards Act, 2000, S.O. 2000, c. 41
- Canadian Human Rights Act (R.S.C., 1985, c. H-6)
- Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A
Frequently Asked Questions
What is the most common basis for a wrongful dismissal claim in Canada?
The most frequent basis is dismissal without just cause and without providing adequate reasonable notice or pay in lieu, as required by common law and statutory minimums. Claims often also involve allegations of bad faith or constructive dismissal, where workplace conditions force an employee to resign.
What are the key timelines for filing an employment law complaint?
Timelines are strict and vary by claim. For instance, a complaint under the Canada Labour Code for unjust dismissal must be filed within 90 days. Human rights complaints typically have a 12-month limitation, while civil actions for wrongful dismissal generally must be commenced within 2 years under provincial limitation acts.
How does your firm approach severance package negotiations?
We conduct a forensic review of the offer against your entitlements at common law, which often far exceed statutory minimums. We factor in your age, position, length of service, and the job market to calculate a target range, then employ strategic negotiation to secure an enhanced settlement, often avoiding protracted litigation.
How much does an employment lawyer cost in Canada?
Legal fees depend on case complexity, required documentation review, and whether the matter proceeds to a hearing. Many cases are handled on a contingency or hybrid fee basis. For specific matters, we provide a detailed cost agreement after an initial consultation. It is always best to request a specific budget for your situation.