Because we are litigators and understand the complexities of civil litigation, Franklin Law is well positioned to clearly communicate the pros, cons and risks of each remedial option to you, so that you can make an informed decision about whether or not it makes sense for you to pursue redress through a civil action in the Courts.
Our services include providing workers with assistance, advice and representation on civil litigation matters including but not limited to:
- Wrongful dismissal
- Constructive dismissal
- Judicial Review and Appeals
- Personal Injury
- Non-Solicitation Clauses
- Non-Compete Clauses
- Human Rights
- Employee versus Independent Contractor Disputes
- Unpaid wages, termination pay, severance pay, vacation pay
While administrative tribunals provide relatively speedy and cost-effective forums in which workers can pursue redress when an employer violates minimum workplace standards, some of them have caps on the amount of compensation they can award and sometimes minimum standards-type remedies are dwarfed by remedies available at common law. For these and a number of other reasons, there can be significant financial and strategic advantages in pursuing redress in the Courts by way of an action for wrongful dismissal, constructive dismissal or other civil action.
Beyond law suits, the Courts also provide workers with opportunities to challenge decisions made at administrative tribunals like the Ontario Labour Relations Board (“OLRB”), the Human Rights Tribunal of Ontario (“HRTO”), Canadian Human Rights Tribunal (“CHRT”), and the Workplace Safety and Insurance and Appeals Tribunal (“WSIAT”) through judicial review proceedings and appeals.
However, for most workers, the high costs and risks of civil litigation deprive them of any “real choice” of suing employers in the courts or initiating judicial review applications or appeals. In exceptional cases, the benefits of civil litigation can greatly outweigh those risks and Franklin Law is ready and able to help.