Employment and Labour Law
Core concepts
Employment law covers the Employment Standards Act, 2000, the common law of employment, human rights, occupational health and safety, and wrongful dismissal. Labour law covers union certification, collective bargaining, grievances, arbitration, strikes and lockouts, and the duty of fair representation before the Ontario Labour Relations Board. Distinguish statutory minimums from common-law entitlements. Just cause is a high threshold. Constructive dismissal arises from a fundamental breach, such as a significant unilateral change or a poisoned work environment. Employees must mitigate by seeking comparable employment.
Traps
Exams often test whether the ESA minimum and common-law reasonable notice are the same. They are not. A terminated employee may be entitled to both statutory minimums and more at common law, subject to mitigation and any enforceable contract. Do not assume an independent contractor label is conclusive; control, ownership of tools, chance of profit, and integration matter. Just cause is not proved by a single minor incident. In labour law, a union's duty of fair representation is not a duty to pursue every grievance to arbitration.
Worked example
An employee with eight years' service is dismissed without cause. Calculate ESA notice and severance where applicable, then assess common-law reasonable notice using age, service, position, and re-employment prospects. Deduct earnings from mitigation. Review the contract for an enforceable termination clause; an invalid clause does not limit the employee to ESA minimums.
Rule of thumb
Always compare three layers: ESA minimums, the employment contract, and common-law notice. For labour disputes, identify the collective agreement and the grievance/arbitration route first.