Employees in Bridgewater Nova Scotia have certain rights and protection under the Nova Scotia Labour Standards Code. This code outlines basic labour standards, employee protections, safety standards, and an outlined code of human rights. Each employee is entitled to these protections, and protected from discriminatory actions. 

The Nova Scotia Labour Standards Code outlines standards relating to vacation pay, holidays, industrial standards, minimum wage and equal pay rights, protected leave, labour hours, protection of employment and protection of pay. This code ensures that all employers are held to standards, ensuring that citizens are treated fairly, paid fairly, and are safe in their place of work. 

These standards are reflected in several key areas of employment, some of which you may be more familiar with, like pay and wages, and basic labour standards. 

Pay and Wages

• Employees must be paid for all hours worked. 
• The provincial minimum wage must be met.
• Overtime rates must be paid when applicable. 
• Employers must state how vacation pay is being provided.
• Holiday pay must be paid when applicable. 

Labour Standards

• Employees must receive 24-hours off consecutively every 7 days. 
• Employees are entitled to a break if they work for more than 5-hours. 
• Employees are entitled to 5 sick days per year.
• Employees are entitled to 5 bereavement days when applicable.
• Unpaid pregnancy and parental leave must be provided when applicable. 
• Unpaid leave must be provided to employees who have a critically ill child or family member that they are the primary caregiver for. 

Looking further in depth, some of the key employee rights and protections under the Nova Scotia Labour Standards Code address areas of employee safety, human rights, and the complaint process:

Workplace Health & Safety Rights

• Right to Know: employees have the right to information around all job hazards.
• Right to Participate: employees are entitled to be included in safety processes at a job site.
• Right to Refuse: employees have the right to refuse to perform a task if they believe their safety is at risk. 

Human Rights and Protection Against Discrimination

• Employers have a duty to accommodate staff with disabilities. 
• Employees have a right to protection against discrimination. 

Complaint Process

• Complaints can be filed through the Labour Standards Division, typically within 6 months of the occurrence. 
• Complaints can also be filed through the Nova Scotia Human Rights Commission, for discrimination. 

Collectively, these rights and protections are made up of provincial laws like those found in the Labour Standards Code, Occupational Health and Safety Act, and the Human Rights Act. If any of these protections or rights are being infringed on, and you have evidence to back your claim, you may be entitled to compensation. 

How Can a Labour and Employee Relations Lawyer Help Me?

Whether you’re seeking compensation for wrongful dismissal or negotiating a new employment contract, working with an experienced and collaborative legal team can help to ensure you achieve the best negotiation result. If you’re unsure whether a Labour and Employment Relations Lawyer is right for your situation, be sure to call us today to schedule your free case review. 

What is Wrongful Dismissal?

Wrongful dismissal is when an employer terminates an employee without providing that employee with proper notice of the termination, compensation (in lieu), or a valid reason for dismissal. If one of these criteria are met, under Nova Scotia’s employment laws, a termination may be classified as wrongful dismissal. 

Common examples of wrongful dismissal include:

• Not providing proper written notice (or severance pay in lieu of notice) when terminating and employee;
• Firing someone due to discriminatory reasons, such as race, gender, religion, or disability;
• Firing an employee due to future family plans;
• Terminating an employee in violation of the employee’s employment contract.

If wrongful dismissal is found and proven to have occurred, an employee may be entitled to compensation for lost wages, severance pay, and in some cases additional damages may be due. Speaking with an experienced legal professional can help determine the monetary value of your wrongful dismissal case. 

What is Just Cause Termination?

Just cause termination occurs when an employer dismisses an employee for misconduct or behaviour that is in direct violation of the organization and the employee-employer relationship. If just cause is established, an employer can terminate an employee without providing notice or severance pay.

Examples of termination with just cause include:

• Theft or fraud has occurred against the employer or hiring organization;
• Instances of serious dishonesty or breach of trust;
• Inciting violence or harassment in the workplace;
• Chronic absenteeism without a valid or documented reason;
• Use of drugs or intoxication in the workplace. 

If you’ve been laid off as a part of an organization restructuring, poor fit, or economic downturn, these types of situations are generally considered dismissals without just cause. In these cases, an employer doesn’t need to provide a specific reason, but will be required to provide either proper notice of termination or pay in lieu. 

Severance Negotiations

If your employment is coming to the end of its cycle, and discussions with your employer around severance options have started, meeting your terms is always our goal. Legal counsel can assist with negotiating:

• Severance Pay;
• Continuation or payout of benefits (health or other);
• Bonus or Commission Payout;
• Restrictive terms after the employment has ceased;
• Future references.

If you believe your employer is offering a severance package that is lower than what an employee is legally entitled to in Nova Scotia, working with experienced legal counsel can make a substantial difference in the outcome of negotiations. 

Special circumstances such as long service, or executive leadership roles can also add to the complexity of severance negotiations. Accurately calculating all payouts, compensation, and benefits is critical. Small errors could result in lost entitlements, so making sure your interests are protected throughout is key. 

Job terminations are stressful, and may place significant financial pressure on a family. Seeking legal guidance can help ensure that mistakes or oversights by an employer don’t negatively impact you. 

Human Rights and Discrimination Claims

In Nova Scotia, all complaints that are related to human-rights are handled through the Nova Scotia Human Rights Act. This legislation outlines ways in which all employees are protected from discrimination and harassment. This act is committed to ensuring that all members of our community are met with respect and equal opportunity in the workplace. 

Employees are protected from facing discrimination in the workplace:

• Race, colour, religion, or creed;
• Sex, sexual orientation, sexual identity or gender expression;
• Age, physical, or mental disabilities;
• Marital status, family status, or family planning;
• Political beliefs or affiliations. 

Human Rights protections apply to many areas of employment, and employers have a legal duty to accommodate these policies. Human rights complaints are not limited to actions taken by the employer, but the work environment and safety of the workplace as well. If a workplace has become toxic or discriminatory towards a person or group of people, employers may be liable for actions taken by employees in a court of law. 

Can I Sue for Unfair Treatment?

If you have evidence that your human rights have been infringed while at your place of employment, you may be entitled to monetary compensation. To file a complaint;

1. File with the Nova Scotia Human Rights Commission (within 1 year). 
2. Screening of events will occur.
3. An investigation, including written responses from the employer and gathered evidence, will be completed. 
4. Mediation may bring claims to a settlement.
5. Claims may be taken to a court of law if applicable. 

Do I Need A Lawyer To Sue My Employer?

In Nova Scotia, you are not legally required to hire a lawyer to submit a claim. However, whether you should will depend on the complexity and potential monetary value of your case. 

Without a lawyer, you can negotiate directly with your employer and their legal or HR teams, or send a demand letter directly to your employer. Without legal representation, you are able to file a claim in court as a self-represented litigant. 

When Do I Not Need A Lawyer?

• Small monetary value to your claim. 
• The case is straightforward, and no disputable facts are present. 
• There are no human rights or discrimination allegations. 

When Should I Hire A Lawyer?

• The employment was long term, especially in cases of pensionable service time. 
• You held a managerial or supervisor role. 
• Bonuses, commissions, or stock options are involved in contract negotiations. 
• The monetary value exceeds Small Claims Court values. 
• You are facing counterclaims or legal threats. 
• Human rights issues are concerned (disability, discrimination, pregnancy, illness). 

What Are the Risks of Not Hiring A Lawyer? 

Not hiring an employment lawyer can expose employees to several risks, particularly in cases of termination or severance. Without experienced legal guidance, it can be difficult to fully understand your rights, or determine if a lawyer is acting within the law.

• Accepting an Undervalued Severance Offer. Employers are likely to only offer packages that meet the minimal legal requirements, which are far less than what may be achieved during negotiations. Without proper legal advice, you may accept an offer that doesn’t include all that you’re entitled too.
• Missing claim deadlines. Claims have strict time limits for submission, and missing a deadline could mean the dismissal of your case.
• Misunderstanding legal terminology. Without legal guidance, it may be challenging to evaluate the validity of your claim, and the potential value of it.
• Signing an agreement that limits your rights. Severance packages often include fine print that may limit your future legal rights. Being aware of how to detect and navigate these types of clauses can benefit you in the future.
• Lack of negotiation experience. Employers and HR employees are often well experienced in handling tense conversations, such as those around severance or termination. Without the guidance of a professional, employees may be at a serious disadvantage during these conversations.
• Overlooking violations or human rights infringements. Some terminations are more complex, and may include issues such as discrimination, or violations around basic workplace standards. Without legal guidance, these issues may go overlooked and unaddressed.
• Long-Term Financial Impact. Miscalculating benefits, bonuses, or entitlements may impact your long term finances. Decisions agreed to during a hiring or termination can impact income, benefits, references, and future employment opportunities.

Wondering How We Get it Done?

• Free, No-Obligation Consultation: We will review your case and provide legal counsel without any upfront cost. 

• Flexible Communication: Face-to-face, by phone, or virtually, we make connecting for consultations easy. 
• No Win, No Fee: You don’t pay unless we win your personal injury lawsuit. So you can fully focus on your recovery and rehabilitation, while we handle the rest. 

Call Our Bridgewater Labour and Employment Lawyers Today!

Termination, negotiation, or severance discussions can be high-stakes and often feel stressful or confusing. Speaking with legal counsel to review your situation can help protect your interests and save you money in the long run. Even if you choose not to pursue full legal representation, a consultation and review of your case may be highly beneficial. Our experts can review your case, assess your offer,  and help position you for the best outcome.