Employment Law


Our employment lawyers are committed to advancing workplace fairness and confidently represent non-unionized employees in disputes against even the most powerful employers. We help employees navigate a wide range of complex employment issues

Non-Solicitation and Non-Compete Agreements

We help employees understand and negotiate non-solicitation and non-compete agreements, which can significantly limit their post-employment business or job opportunities. We also defend employees when former employers allege a breach of these agreements.

Discipline

Disciplinary processes differ across workplaces. We advocate on behalf of employees during internal investigations and help them respond to allegations of misconduct.

Employment Contracts

We review and explain employment contracts and negotiate on behalf of employees to secure the most favourable terms possible.

Wrongful Dismissals

Employers may generally terminate employees when one or more of the following conditions are met:

  • The employee has given the employer just cause to terminate the relationship;
  • The employer has given the employee sufficient advance notice; and/or
  • The employer has provided the employee with sufficient pay in lieu of notice.

The amount of notice or pay in lieu required is often in dispute and varies depending on the written or implied terms in the employment contract between the employer and employee. If the employment contract does not include a valid termination provision, assessing reasonable notice involves considering a myriad of factors including the employee’s age, position, and tenure and the availability of similar employment opportunities elsewhere.

Constructive dismissal claims are a type of wrongful dismissal claim. A constructive dismissal occurs when an employer effectively breaches a fundamental term of the employment contract entitling the employee to consider the employment relationship to have been terminated, resign, and seek damages. A hostile work environment that is not addressed by the employer, a demotion, a pay cut, or dramatic changes to work duties may give rise to a constructive dismissal complaint.

We advise employees on constructive and wrongful dismissal claims and assist them as they navigate the end of their employment relationship. We offer advice on severance packages and post-employment obligations – including the duty to mitigate by taking reasonable steps to find comparable employment – and we are equipped to file and pursue claims against employers when necessary.

Occupational Health and Safety

Employers are legally required to provide a safe, harassment-free workplace. We advise employees who have experienced harassment or other workplace hazards and help them understand their options, including pursuing complaints when appropriate.

Privacy

Our lawyers advise employees on workplace privacy rights, including how their personal information is collected, used, and disclosed. We also assist with complaints arising from workplace privacy breaches.

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At Chivers Carpenter Lawyers, we are dedicated to protecting the rights of workers and unions. Whether you require representation at an arbitration hearing, advice on employment law, or have questions about our upcoming educational seminars, our team is ready to assist.

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