Straight-talking counsel for employees and employers across Canada: from wrongful dismissal and severance to human rights and day-to-day workplace advice.
Whichever side of the table you're on, get advice shaped by real experience on both.
Facing a dismissal, a difficult exit, or unfair treatment at work? We help you understand your rights and pursue what you're owed.
Need practical legal support to manage risk and build a compliant, well-run workplace? We act as an extension of your team.
Simon Pelsmakher is the founder of Pelsmakher Law and an employment and labour lawyer, representing employees, executives, professionals, and employers across Ontario and Canada, on wrongful dismissal, constructive dismissal, executive compensation, human rights, privacy, occupational health and safety, and pensions and benefits.
His practice has been shaped by experience on virtually every side of workplace law. In private practice, he has represented hundreds of clients in employment disputes, from negotiations and mediations to examinations, motions, hearings, and appeals.
He has also held senior in-house legal roles with major Canadian and multinational organizations, working directly with HR leaders and executives on employment matters across Canada and the United States. That combination gives him direct insight into how employers evaluate legal risk and make difficult personnel decisions.
Because we act for both employees and employers, we see how the other side is likely to think before they do, and we put that perspective to work in sharper strategy and clearer advice from the very first conversation.
Tell us what's happening at work. We'll help you understand your options and the path forward, clearly and without pressure.
Practical, Canadian-law guidance for employees and employers navigating change at work. See more employee FAQs or employer FAQs.
Wrongful dismissal happens when you're let go without proper notice or cause. Constructive dismissal happens when your employer unilaterally changes a fundamental term of your job (pay, role, demotion, or location) or causes a toxic working environment (such as through bullying and harassment, being overworked, or micromanaged), significantly enough that it amounts to ending the employment relationship, even though you were never formally fired.
The ESA sets minimum notice and severance requirements: a floor, not a ceiling. Common law reasonable notice, determined by a court based on factors like age, position, and length of service, is often considerably higher than the ESA minimums, unless a valid, enforceable contract limits you to the statutory minimums. Courts have awarded total severance packages as high as 24-26 months of total compensation, in recent years.
Yes, a properly drafted contract is one of the most effective ways to limit an employer's liability on termination and clarify expectations from day one. Without one, a dismissed employee's entitlement defaults to common law reasonable notice, which can far exceed the statutory minimums.
Deadlines vary by claim type. Wrongful dismissal claims generally fall under a two-year limitation period, but other claims, like Human Rights Applications, have shorter windows. Speak with a lawyer at Pelsmakher Law as soon as possible after a dismissal to avoid missing a deadline.
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