Self-Represented in Toronto Employment Case: What Can Go Wrong?

In light of increasing economic hardships and the costs of legal proceedings, the number of self-represented litigants is rising in Ontario’s courts. This is especially true of many wrongfully dismissed employees and understandably anxious about paying their bills while seeking their legal entitlements against their former employer.

 

Many assume it is cost-effective to avoid consulting with a lawyer because they could probably navigate their legal matter themselves. However, self-represented people's challenges can be avoided by seeking assistance from an employment dispute lawyer.

This article explores common pitfalls and difficulties self-represented employees face in the legal process. It will also explain the benefit of hiring a labour lawyer in Toronto to assist with navigating the legal system.

Not Meeting Deadlines

If you are representing yourself in an employment case in Toronto, one of the most important things to remember is deadlines. There are strict deadlines for filing certain documents; if you miss a deadline, it can significantly impact your case.

For example, if you want to file a complaint with the Human Rights Tribunal of Ontario, you must do so within one year of the date of the last incident of discrimination. If you missed this deadline, your case would likely be dismissed.

You must meet other deadlines to avoid your case being dismissed or delayed. Therefore, you must understand all the deadlines associated with your case and ensure you meet them.

Not Following the Rules of Procedure

If you choose to represent yourself in an employment case in Toronto, you must familiarize yourself with the rules of procedure. These rules govern how the case will be heard, and failing to follow them can result in your case being dismissed outright.

Some of the most common mistakes self-represented litigants make include:

• Failing to file the necessary paperwork promptly.
• Please serve the other party with the required paperwork.
• Must appear for scheduled hearings.
• Attempting to represent oneself without any legal training or knowledge.

Failing to Make Legal Arguments

If you choose to represent yourself in an employment case in Toronto, it is crucial to be aware of the potential risks. One of the biggest dangers of self-representation is failing to make legal arguments. This can lead to your case being dismissed or thrown out entirely.

With a lawyer, you may know what evidence to present or how to argue your case effectively. This can be a major disadvantage, especially if your opponent has legal representation. Even if you are knowledgeable about the law, you may not be able to present your arguments as persuasively as a lawyer could.

Confusion About Evidence

Many types of evidence can be presented in an employment case. It can be confusing to know what is admissible and what is not. It is important to remember that the rules of evidence are designed to protect the rights of both the employer and the employee and to ensure that the trial is fair.

The most important rule of evidence is that it must be relevant to the case. This means that the evidence must have a direct bearing on the issues at hand. For example, if you are claiming wrongful dismissal, evidence about your performance at work would be relevant, but evidence about your personal life would not.

Another important rule of evidence is that it must be reliable. This means that it must come from a credible source and be consistent with other evidence in the case. For example, if you are presenting eyewitness testimony, it must be consistent with what other witnesses have said.

Finally, many other rules of evidence apply in specific situations. For example, there are rules about hearsay evidence, expert testimony, and character evidence. 

Naming the Wrong Defendants

If you are self-represented in an employment case in Toronto, one of the potential pitfalls is naming the wrong defendants. For example, if you are suing your former employer for wrongful dismissal, you would name the company as the defendant, not the individual managers or employees who may have been involved in the decision to dismiss you. If you are suing for breach of contract, you would normally name the company and the individual who signed the contract on behalf of the company.

How an Employment Dispute Lawyer Can Help

If you face an employment dispute, consider representing yourself in court. However, if you face an employment dispute, there are better options than this. An employment dispute lawyer can help you navigate the legal system, build a strong case, and protect your rights.

An employment dispute lawyer will be familiar with the relevant laws and regulations. They can advise you on the best action and help you gather evidence to support your case. A lawyer can also negotiate on your behalf with the other party or their lawyer.

If you are considering representing yourself in an employment case in Toronto, know that the process can be complicated and time-consuming. There is a lot of paperwork involved, and if you don't have experience with the law, it can be easy to make mistakes that could cost you your case. Even if you win your case, the employer may appeal the decision, which could further prolong the process. If you are worried if self-representation is right for you, consult an experienced employment lawyer who can help guide you through the process and protect your rights.