Employment Lawyers often say that the two riskiest parts of the employment relationship are the hiring stage and the dismissal. Each of these raise their own specific sets of risks, but one commonality is that it is often easy for the candidate or employee to allege that they were discriminated against on the basis of a protected ground under Human Rights legislation.
In the matter of Puniani v. Rakesh Majithia CA Professional Corporation, after being terminated from her employment, the applicant filed a complaint with the Human Rights Tribunal of Ontario alleging discrimination based on sex. The respondents denied any such claims and alleging the reason for the applicant’s termination was related to job performance.
Many employers still do not enter into written contracts with their employees. A recent case from British Columbia illustrates why this is a bad idea. The parties ended up in Court, where a Judge had to piece together testimony and the facts at the time the contract was made, to determine the nature of contract.