Canadian employment law
In Canada, the power to make laws is divided between the federal and provincial governments. Generally, for historic, constitutional reasons, provinces have jurisdiction over most employment matters, while the federal government has jurisdiction over employment only in respect of specific industries, such as airways, shipping and banks.
Employment law in Canada is quite similar from province to province and is governed by both federal and provincial legislation as well as by the common law (judge-made law). Quebec is the notable exception to this rule, as Quebec operates under a civil law system based on a written “civil code” founded on France’s Napoleonic Code.
Key Points
- “Employment law” concerns the relationship between an individual and an employer, while “labour law” regulates the collective representation of employees by trade unions.
- There is no “at will” employment in Canada. Dismissed employees are entitled to notice of termination or pay in lieu of notice, unless employment was terminated “for cause”.
- Provincial employment standards legislation establishes minimum standards for wages, vacation, leaves, notice of termination and severance. However, the common law provides greater entitlements upon termination and can otherwise regulate the employment relationship.
- Employment contracts can be used to set out the terms of employment for non-union employees. Provided that the contract’s terms do not violate applicable statutory minimum requirements, the terms of the contract will displace the common law. As such, employers are encouraged to utilise written employment agreements, particularly with respect to entitlements upon termination.
- All jurisdictions have legislation prohibiting discriminatory practices and harassment in the workplace. Employers have significant positive obligations to ensure equality in the workplace.
Our member firm
Filion Wakely Thorup Angeletti
333 Bay Street
Suite 2500 Box 44
M5H 2R2 Toronto
Google maps
Also with offices in Hamilton, Kitchener-Waterloo and London (ON)
+1 416 408 3221
https://www.filion.on.ca/
Find out how other countries' Employment Laws compare to those of Canada
People of Filion Wakely Thorup Angeletti, Canada
Memberships
- Law Society of Ontario
- Canadian Association of Counsel to Employers (CACE)
- Canadian Institute Advisory Board on Labour and Employment Law
- The Ontario Bar Association
- The Advocates’ Society
- International Bar Association
Education
- Call to the Bar, Ontario – 1991
- Bachelor of Laws, Dalhousie University
- Bachelor of Commerce, Dalhousie University
Awards
Toronto-based Robert Bayne is a well-known employment lawyer who represents clients in the hospitality, retail and manufacturing sectors. Alongside providing advice on legislative reform, he is also accomplished in labour relations and collective bargaining. “Robert is skilled, knowledgeable and personable. He provides sound and reasonable legal advice.” “He is outstanding. Rob is a real expert and I rely on him for strategy.” – Chambers Canada 2022
Robert B. Bayne
- Phone
- +1 416 408 5524
- rbayne@filion.on.ca
- Address
-
Bay Adelaide Centre
333 Bay Street
Suite 2500 Box 44
M5H 2R2
Toronto
Canada
+1 416 408 5524
https://www.filion.on.ca/
- Languages
- English
Robert Bayne has been a partner of the firm since 1996. Rob advises employers on all aspects of labour and employment law. Rob provides services to a broad range of private sector companies including those in retail, hospitality, manufacturing, logistics and publishing.
Rob received his Bachelor of Commerce from Dalhousie University in 1985. He then worked in human resources and production management with an Ontario manufacturing company prior to attending law school. He graduated from Dalhousie Law School in 1989. Rob frequently speaks on labour and employment law issues to employers, human resource professionals and student groups, and has lectured on labour and employment law at Ryerson University and the University of Toronto.
Rob has presented papers on Ontario labour law reform at Ontario Bar Association conferences and other continuing legal education events. Rob is a member of the Advocacy Committee of the Canadian Association of Counsel to Employers and the Canadian Institute Advisory Board on Labour and Employment Law. Rob chairs the firm’s Labour Arbitration Moot Programmes at Queens University, the University of Toronto and the University of Guelph.
Publications by Robert B. Bayne
Memberships
- The Law Society of Ontario
- The Advocates’ Society
- Canadian Association of Counsel to Employers (CACE)
Education
- Call to the Bar – Ontario, 2008
- Queen’s University, Bachelor of Laws
- Simon Fraser University, Bachelor of Arts
Publications
Ontario Workplace Safety and Insurance Act: Quick Reference, 2011-2019 editions; Toronto: Carswell, 2018(Co-author)
“Employee Entitled to Sue for Bonus Payments Three and A Half Years After Employer Made its Decision”; Labour Notes, CCH; December 9, 2013, No. 1488 (Author)
“Unlocking Keays: The Latest Bad Faith Damages in Wrongful Dismissal Actions”; FWTA Annual Firm Seminar; June 14, 2013 (Co-author)
“Blue Mountain Decision: When Must Employers Report‘ Workplace’ Accidents Suffered by Non-Workers?”; FWTA Annual Firm Seminar; June 14, 2013 (co-Author)
“Termination and Severance Pay Owed to Employee Recalled from Layoff ”; Labour Notes, CCH; September 24,2012, No. 1459 (Author)
“Working Rules: Employment Law Update”; The Advocates’ Society; Fall Convention 2012 (co-Author)
“Digging Into Prohibited Grounds: An Update onWorkplace Accommodation”; FWTA Annual Firm Seminar; June 3, 2011 (co-Author)
“Navigating the New Human Rights Tribunal”; HRPLD; April21, 2009 (co-Author)
“Coming Clean: An Update on Drug Testing”; FWTA Annual Firm Seminar; June 6, 2008 (co-Author)
Bonnea Channe
- Phone
- +1 416 408 5559
- bchanne@filion.on.ca
- Address
-
333 Bay Street
Suite 2500, Box 44
M5H 2R2
Toronto, ON
Canada
+1 416 408 3221
https://www.filion.on.ca/
- Languages
- English, Cantonese
Bonnea is a partner with Filion Wakely Thorup Angeletti LLP. She articled with the firm in 2007 before joining the firm as an associate in 2008. Bonnea became a partner in 2016.
Bonnea practises in all areas of labour and employment law. She regularly advises and represents employers inlabour arbitrations, wrongful dismissal cases, and in matters before the Ontario Labour Relations Board, the Human Rights Tribunal of Ontario and the Workplace Safety & Insurance Board. Bonnea also advises employers on a variety of labour and employment topics, including workplace policies, collective bargaining, and employment contracts.
Bonnea has intimate knowledge and experience in advocating on behalf of employers in matters concerning the Workplace Safety & Insurance Board. Bonnea continually advises employers on workplace policies, particularly those concerning health and safety, as well as substance use.
Publications from Canada
Memberships
- Canadian Bar Association
- Ontario Bar Association
- Middlesex Law Association
- The Advocates’ Society
- Canadian Association of Counsel to Employers
Education
- University of New Brunswick, LLB
- St. Thomas University, B.A. (Double Major in Criminology and Psychology, Graduated with Distinction)
Publications
- Contributing Author, Cross-Canada Guide to Human Rights Law in Employment, 2016 Edition, 2016
- Contributing Author, Accommodation Issues in the Workplace, 2014
Casey M. Dockendorff
- Phone
- +1 519 433 7270
- cdockendorff@filion.on.ca
- Address
-
252 Pall Mall Street, Suite 100
N6A 5P6
London, ON
Canada
+1 519 433 7270
https://www.filion.on.ca/
- Languages
- English, French
Casey Dockendorff is a partner at Filion Wakely Thorup Angeletti LLP, a leading management-side labour and employment law firm in Canada. While she is based in the firm’s London, Ontario office, Casey regularly advises clients throughout Ontario, including in the Greater Toronto Area, as well as across Canada. Casey advises and represents both public and private sector employers on all aspects of labour and employment law. She has a particular focus on human rights, civil ligation, and labour matters. Casey is recognized by her peers and clients as a leading practitioner in labour and employment law, and she regularly speaks at local, provincial and national conferences.
Publications from Canada
Memberships
- Law Society of Ontario
- Hamilton Lawyers’ Club
- Hamilton Law Association
- Ontario Bar Association
- Canadian Association of Counsel to Employers (CACE)
Education
- University of Western Ontario, Bachelor of Laws
- McMaster University, Bachelor of Science (Biology) (Honours)
Awards
Readers’ Choice 2019 – Best Employment Lawyer – Platinum Winner
Publications
- Accommodation Issues in the Workplace; Toronto: CHH Canadian Limited (Co-author)
- Up in Smoke: Weed in the Workplace and What Employers Need to Know; Workforce Planning Hamilton (Presenter), January 2019
- Navigating Employment Standards Issues – Complaints and Changes Your Workplace Needs To Be Aware Of; Human Resources Professionals Association 2018 HR Law Conference (Presenter), October 2018
- OPSOA Mentoring Coaching Symposium (Presenter), January 2017
- Strategies for Conducting Effective Workplace; 3rd Annual 2016 Hot Button HR Legal Issues for Education Professionals (Presenter), April 2016
- Developments in Supreme Court of Canada Doctrines – Duplicative Proceedings and Issue Estoppel since Danyluk; Ontario Bar Association 12th Annual Current Issues in Employment Law (Presenter), May 2014
- Disability Management in an Aging Workforce; Hamilton Law Association 10th Annual Emerging Issues in Employment Law (Presenter), January 2013
Jane Gooding
- Phone
- +1 905 526 8904
- jgooding@filion.on.ca
- Address
-
1 King Street West
Suite 1201, Box 57030
L8P 4A4
Hamilton, ON
Canada
+1 905 526 8904
https://www.filion.on.ca/
- Languages
- English
Jane M. Gooding is a partner in the Hamilton office of Filion Wakely Thorup Angeletti LLP. Jane practices exclusively in labour, employment, health and safety, human rights and disability law. She primarily advises clients on a range of issues such as wrongful dismissals, human rights claims, employment standards obligations, labour grievances, employment contracts and workplace harassment. She has appeared as lead counsel in cases before private arbitrators, the Ontario Superior Court of Justice, the Divisional Court, the Ontario Court of Appeal, the Ontario Human Rights Tribunal and the Ontario Labour Relations Board.
Jane works with both private and public sector employers. Jane has extensive experience in providing advice to and advocating for clients in the retail, manufacturing, education and healthcare sectors.
Jane received her Bachelor of Science (Biology) (Honours) from McMaster University prior to attending law school at the University of Western Ontario, when she was called to the Ontario Bar in 2006.
Jane has spoken on all areas of human rights, labour and employment law at the request of various third parties, including the Hamilton Law Association, Ontario Bar Association and the Human Resources Professionals Association. Jane is the past Chair of the Today’s Family Board of Directors and past Board member of the Hamilton Health Sciences Volunteer Association. She sat on the YWCA Hamilton Women of Distinction Committee in several recent years. Jane is a member of the Hamilton Law Association.
Publications from Canada
Memberships
- Law Society of Ontario
- The College of Labor and Employment Lawyers (USA)
- Canadian Association of Counsel to Employers (CACE)
- Human Resources Professionals Association
Education
- Call to the Bar, Ontario – 1985
- University of Toronto, Bachelor of Laws
- College Militaire Royal de Saint-Jean
Publications
Canadian Collective Bargaining Law: Principles and Practice
Employment Litigation Manual
Halsbury’s Laws of Canada (Labour)
Annual Quick Reference Guides (Carswell):
- Canada Personal Information Protection and Electronic Documents Act
- Ontario Human Rights Code
- Ontario Workplace Safety and Insurance Act
- Ontario Labour Relations Act
- Canada Labour Code
- Canadian Human Rights Act
Other Publications:
- Managing Your Unionized Workplace
- Managing Your Union-Free Workplace
- Investigating Harassment in the Workplace
- HR Manager’s Guide to Health and Safety
- Workplace Safety and Insurance – Employer’s Guide
Jamie G. Knight
- Phone
- +1 416 408 5509
- jknight@filion.on.ca
- Address
-
Bay Adelaide Centre
333 Bay Street
Suite 2500 Box 44
M5H 2R2
Toronto
Canada
+1 647 797 4471
https://www.filion.on.ca/
- Languages
- English, French
Jamie is the Firm’s Managing Partner, working out of both the Hamilton and Toronto offices. He has more than 35 years of experience representing management in labour and employment law.
Jamie regularly appears before the courts, arbitration boards, and federal and provincial labour relations tribunals, as well as before adjudicators in human rights, employment standards and health and safety matters. He has extensive experience in collective bargaining and in guiding employers through the process of responding to union organizing campaigns.
Jamie’s clients operate in various sectors, including manufacturing, municipal, health care, entertainment, and financial and other services.
Jamie is a Fellow of the American College of Labor and Employment Lawyers. Jamie was named by Best Lawyers as the Lawyer of the Year for his work in Labour and Employment Law in Hamilton for both 2019 and 2021. In 2017, he was named the Canadian HR Reporter 2017 Employment Lawyer of the Year, as selected by Canadian Lawyer Magazine.
Publications from Canada
Memberships
- Law Society of Ontario
- Ontario Bar Association
- Canadian Association of Counsel to Employers (CACE),including CACE’s Human Rights and Privacy committees
Education
- Call to the Bar, Ontario – 2003
- University of Victoria, Bachelor of Law
- Carleton University, Bachelor of Journalism
Publications
Canada Personal Information Protection and Electronic Documents Act: Quick Reference, 2005-2021 editions (Toronto: Carswell, 2021)
Ontario Human Rights Code: Quick Reference, 2009-2021 editions (Toronto: Carswell, 2021)
“Federal Sector Updates”, Employment and Labour Law Reporter (LexisNexis Canada: September 2021)
Quoted in The Globe and Mail, “Can your workplacemandate COVID-19 vaccinations?” (June 20, 2021):
https://www.theglobeandmail.com/canada/article-can-your-workplace-mandate-covid-19-vaccinations/
February 25, 2021 – L&E Global Webinar, “Diversity and Inclusion – What is and is not allowed”
February 24, 2021 – FWTA Breakfast Seminar, “Federal Sector Update 2021”
January 12, 2021 – FWTA Breakfast Seminar, “COVID-19: Adapting to the New Normal”
November 2018, 2018 – Hospitals HR Canada, “Considering Confidentiality, Privacy Issues & Legal Liabilities”
September 26, 2018 – FWTA Breakfast Seminar, “DataBreaches: What Employers Need to Know”
CACE Annual Conference 2017, “Eyes Wide Open: Workplace Surveillance”
January 26, 2017 – International Association of PrivacyProfessionals, Knowledgenet, “Balancing Interests: Employee Monitoring and Workplace Privacy”
Melanie D. McNaught
- Phone
- +1 416 408 5561
- mmcnaught@filion.on.ca
- Address
-
333 Bay Street
Suite 2500, Box 44
M5H 2R2
Toronto, ON
Canada
+1 416 408 3221
https://www.filion.on.ca/
- Languages
- English, French
Melanie D. McNaught is a partner in the firm. She joined the firm as an associate in 2003. Prior to joining the firm,Melanie clerked at the Court of Appeal for Ontario.
Melanie practises in all areas of labour and employment law. She has a particular interest in civil litigation, education law, privacy and human rights. She has represented clients before all levels of court, at labour arbitration and numerous administrative tribunals, including the Ontario Labour Relations Board and the Human Rights Tribunal of Ontario. Melanie negotiates practical and cost-effective settlements for her clients, often without the need to expend time and money onlitigation.
Melanie regularly advises union and non-union employers on the duty to accommodate and responding to human rights issues in the workplace.
Melanie frequently advises employers regarding the termination of non-union employees, including appropriate severance packages. She regularly represents employers in wrongful dismissal litigation, including attending court and mediations.
Melanie represents and advises school boards on labour and employment matters, human rights (including student accommodation issues) and education law issues. She knows and understands the requirements of the Education Act and other legislation applicable to school boards. She is one of the executives of the Ontario Bar Association’s Education Law section.
Publications from Canada
Memberships
- Law Society of Ontario
- Canadian Association of Counsel to Employers (CACE)
Education
- Call to the Bar, Ontario – 1998
- University of Toronto, Bachelors of Laws
- McGill University, Honours Degree in Political Science and Economics
Publications
- The International Comparative Legal Guide to: Employment & Labour Laws and Regulations, Canada:Employment & Labour Law 2019, ICLG, Co-author
- Human Resources Guide to Discipline and Termination of Employment – 3rd Edition 2018, 2nd Edition 2010, 1stEdition, 2004, Carswell (co-author)
- 2019 International Comparative Legal Guide RegardingEmployment & Labour Law, Canada Chapter, ICLG (co-author)
Carol S. Nielsen
- Phone
- +1 416 408 5527
- cnielsen@filion.on.ca
- Address
-
333 Bay Street
Suite 2500, Box 44
M5H 2R2
Toronto, ON
Canada
+1 416 408 3221
https://www.filion.on.ca/
- Languages
- English
Carol has over 20 years of experience in all areas of management labour relations and employment law. She articled with the firm in 1996 and joined the partnership in 2004.
Carol represents a wide range of unionized and non-union clients in both the federal and provincial jurisdictions. Her clients, both large and small businesses, operate in all sectors of the economy, including manufacturing, sports, social services, and information technology. She also represents municipalities and broader public sector organisations.
On a daily basis, Carol provides proactive advice and representation to develop cost-effective and practical solutions to avoid and resolve human resources issues. She is regularly involved in complex and high stakes litigation concerning pay equity, human rights and wrongful dismissals. She has extensive experience with and a detailed knowledge of employment standards legislation and requirements. She also routinely provides advice in such areas as disability management, performance management, discipline, discharge, and privacy.
Carol also assists purchasers and vendors in sale transactions. This work included representing a purchaser in respect of employment and benefits issues in a Canadian acquisition valued at more than $500 million.
Carol has appeared before various administrative tribunals and courts, and she acted as a management nominee in interest arbitrations as well as the management spokesperson at collective bargaining negotiations.
Carol is an active member of the labour and employmentlaw bar. As a member of the Ontario Bar Association, sheserved as the Editor of the Labour and Employment LawSection Newsletter for fi ve years. She also served for eight years as the Associate Eastern Editor, and before that as Contributing Editor, for the Canadian Labour Relations Board Reports.
She is a passionate cyclist and commutes to work on her bike.