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mployment law issues commonly arise in the workplace. Employees may be facing layoffs and employers may need advice when downsizing. Robert Mysicka understands both sides of this equation. He has acted for senior employees in negotiating termination packages and also regularly advises employers and small businesses on their rights and obligations under employment contracts.

Unless otherwise specified in the employment contract, employees are entitled to what is called “common law notice”, i.e. notice that is determined by characteristics such as age, length of employment, position and other aspects deemed relevant by a court. Robert Mysicka has acted for employees, advising on severance and termination packages. In many cases, he has obtained significantly improved and extended notice periods or pay in lieu of notice for employees affected by a termination. He has also acted for employees in a unionized environment who are seeking compensation for employer conduct where their union has been unable or unwilling to fight for their rights.

In addition to guaranteed minimum employment standards, employees are also protected from discrimination and harassment in their workplaces, specifically under the Human Rights Code. Robert regularly advises employees on their rights and employers on their obligations as they relate to human rights, non-discrimination and workplace rights.

For employers, Robert Mysicka regularly advises on and assists with the drafting of employment contracts and providing opinions on employer obligations as they pertain to termination, temporary layoffs and rights under the Employment Standards Act and the Occupational Health and Safety Act. He also provides opinions on issues ancillary to employment agreements such as non-compete and non-solicitations clauses, health and safety, workplace anti-violence and harassment policies and Human Rights Code issues.