The employment contract is arguably the most important document defining the employment relationship. A poorly drafted employment contract can be costly and disastrous. A well drafted employment contract provides protection to individuals and businesses. Our firm offers the following:
- Contract negotiations ranging from basic employment contracts to executive employment contracts
- Drafting contracts, including executive employment contracts
- Contract interpretation
- Assist in resolving contract disputes
Next to employment contracts, human resource policies are essential in defining the employment relationship: it provides clarity to employees and affords protection to businesses.
Our firm provides the following services:
- Drafting comprehensive human resource policies in accordance with employment laws of the applicable jurisdiction(s).
- In addition to compliance with applicable laws, our policies are designed to meet a business’s unique needs and workplace culture.
Most employees are entitled to basic rights and benefits as outlined in employment standards legislation in each Canadian province. Employers are obligated to comply with the minimum standards outlined in employment standards legislation. Our firm advises on all aspects of the applicable minimum employment standards legislation in each Canadian jurisdiction and federally, which includes, but is not limited to the following matters:
- Probationary employees
- Vacation time
- Vacation pay
- Statutory holidays and holiday pay
- Leaves of Absence, which includes but is not limited to: pregnancy leave, medical leave, bereavement leave, reservist leave
Recruitment and Hiring Process
Advise on all aspects of the recruitment and hiring process, including:
- Recruitment and selection
- Interview process
- Extending an offer
- Employment contracts
- Review and advise on appropriate severance packages
- Advise on "with cause" terminations
- Constructive dismissal
- Dismissals arising from restructuring
- Mass terminations
Competent advice and representation on all aspects of human rights matters in employment, which includes but is not limited to the following:
- Accommodation in employment
- Workplace Investigations
Accessibility in Employment
In Ontario, all businesses with at least one employee must ensure that they comply with the Accessibility for Ontarians with Disabilities Act 2005 S.O. 2005, CHAPTER 11 ("AODA") and its Regulation. This legislation imposes comprehensive obligations on Ontario businesses and a timeline for compliance. Failure to comply with these obligations within the timeline prescribed can result in exorbitant fines. This can be avoided with proper legal advice.
Our firm provides comprehensive advice and materials on how to comply with the mandatory requirements outlined in this legislation, which includes, but is not limited to:
- Training seminars on accessibility in employment
- Establishing accessibility policies
- Drafting accessibility plans
Occupational Health and Safety
Occupational Health and Safety legislation expects each organization to take an internal responsibility approach to compliance with health and safety in the workplace. This means that both the employer and employee have certain obligations, which must be met. Our firm provides comprehensive legal advice on compliance with the applicable occupational health and safety legislation.
Cross Border Compliance
Our firm provides advice to Companies outside Canada that have existing operations, or are considering starting operations in any Canadian jurisdiction.
|What our clients say
"Sumitha represented me in a severance resolution. From the first meeting she impressed
me by her professional demeanor and her keen insight to the specifics of the law. My settlement
was secured quickly and exceeded my expectations. I attribute the success to Sumitha's
abilities and I recommend her without qualification."
James B. Brown – November 3, 2011
"I recently had the opportunity of working with Sumitha Carvery and found her to be very
professional, very personable, very knowledgeable and with the highest integrity. As a result I
would not hesitate to recommend her to others."
Ian Kilvert (Branding, Marketing and Sponsorship Executive) – November 26, 2012
"I found that Sumitha Carvery and her law firm provided excellent service. I was given the type of personal service you want when dealing with any legal issue. I received exceptional counsel that was clear, concise and informative, which gave me the opportunity to make decisive decisions. Although I was the “client” I felt like I was more then that, and that there was genuine care and concern for my situation. I would not hesitate to hire her again and highly recommend her to anyone require who her expertise in labour law."
James Bushell – May 24, 2013
"Sumitha is a consumate professional. Her complete knowledge of the law, and ability to express it brought our case to a quick and amicable close. We are completely thrilled with the settlement Sumitha attained for us. Sumitha’s approach brought great results in a very short time. We are sure this saved us much angst, and many dollars. We highly recomend her to anyone needing legal services,and will continue our association with her. June 16, 2013
Top qualities: Great Results, Expert"
Julie hired Sumitha in 2013.
"Ms. Carvey is an amazing lawyer. From the outset, she made me feel at ease when I found myself in the midst of a difficult legal situation. She is very knowledgeable and provided me with clear and helpful legal advice by explaining each issue, step-by-step, so I had a clear understanding of my situation and how best to proceed. Additionally, she accommodated my schedule and needs in providing such advice. I would highly recommend her to anyone that needs legal counsel."
Lisa Ersan – April 2013