Corner Brook Labour and Employment Lawyers

Employees in Corner Brook are protected by a range of workplace laws that set out their basic rights and entitlements, under the Newfoundland & Labrador Canada Labour Standards Regulations. This code outlines the basic working conditions and protections from discrimination that each resident and employee is entitled to.

The Labour Standards Regulations are rules that ensure key rights like vacation pay, public holidays, industrial standards, and minimum wage are provided to employees in the province. These regulations also establish expectations around the standards for workplace safety, and outline workers protections. Together, these standards ensure that employers are accountable and promote fair, consistent practices across the workplace.

Many of the protections outlined by the Labour Standards Regulations are reflected in every day aspects of work, such as wages, hours, and work condition standards. This makes understanding your rights as an employee all the more important. Let’s look at some of the areas that employees are protected:

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.

Some of the additional key employee rights and protections under the Newfoundland & Labrador Labour Standards Regulations 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 You?

Whether you’re seeking compensation for wrongful dismissal or negotiating a new employment contract, working with an experienced and collaborative legal team can help you achieve the best possible outcome. If you’re unsure whether a labour and employment lawyer is right for you and your needs, contact us today for your free case review.

When Can We Help?

Providing representation in arbitration and mediation;
Offering guidance in wrong dismissal matters;
Advocating for employment standards, human rights, and workplace health and safety excellence.

Our team is committed to working with you, either one or one or collaboratively, to help you reach the best possible outcome. From designing and implementing effective workplace practices, to helping you maintain a balanced day to day, we’re ready to support your needs every step of the way.

What is Wrongful Dismissal?

Wrongful dismissal occurs when an employer terminates an employee without providing proper notice of the impending termination, or pay in lieu of notice. Failing to do so, and failure to provide a valid reason for employee dismissal, means that the employer has failed to meet their legal obligations under the Newfoundland & Labrador Canada Labour Standards Regulations. Meaning that the termination may be unlawful, and you may have a claim for wrongful dismissal.

Common examples of wrongful dismissal include:

Failing to provide adequate written notice (or severance pay in lieu) when ending an employment;
Firing someone due to discriminatory reasons, such as race, gender, religion, or disability;
Dismissing an employee based on future family plans;
Terminating an employee in violation of the employee’s employment contract.

If wrongful dismissal is established, an employee may be entitled to compensation for lost wages, severance, and potentially additional damages.

What is Termination with Just Cause?

Termination with just cause happens when an employer dismisses an employee for serious misconduct or behaviour that is in direct violation of the organization, and significantly damages the employment relationship. When just cause is established for termination, an employer may end the employment without providing notice or severance pay.

Examples of just cause can include:

Theft or fraud against the employer;

Serious dishonesty or breach of trust;
Workplace violence or harassment;
Ongoing absenteeism without a valid reason;
Drug use or intoxication on the job.

Alternatively, lay offs as a result of restructuring of an organization, poor fit, or economic downturn are generally considered terminations without just cause. In these situations, employers aren’t required to provide specific reasoning, but must provide adequate notice of termination or pay in lieu. Failure to do so means the employer is in violation of provincial labour standards, and may result in financial compensation. Speaking with a member of our legal team can help determine the strength of your case of termination without just cause.

Severance Negotiations

If your employment is coming to an end and severance discussions have begun, legal guidance can help you approach negotiations with confidence and clarity. The goal is to ensure you receive everything you’re entitled to.

A lawyer 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 a severance offer falls short of your legal entitlements, professional guidance can make a meaningful difference in conversation outcomes. More complex situations, like those involving long-term employment or senior roles, often require careful legal review to ensure all compensation and benefits are properly accounted for.

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 Newfoundland & Labrador, workplace human rights matters are governed by the provincial Human Rights Act, legislation which protects employees from discrimination and harassment. This act is designed to promote fairness, dignity, and equal opportunity in the workplace for all Canadians.

Employees are protected from facing discrimination in the workplace based on:

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.

These protections apply to many areas of employment, and employers have a legal duty to accommodate and implement them. 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 violated at work, you may be entitled to pursue compensation. To file a complaint in Newfoundland & Labrador;

File with the Newfoundland & Labrador Human Rights Commission (within 1 year).
A preliminary review and claim screening will occur.
An investigation, including written responses from the employer and gathered evidence, will be completed.
Mediation may bring claims to a settlement.
Claims may be taken to a court of law if applicable.

Speaking with a legal professional can help you understand your options, and help you determine the best course of action.

Do I Need A Lawyer To Sue My Employer?

In Newfoundland & Labrador, you are not legally required to retain legal counsel to bring a claim against your employer. Whether you choose to do so should be decided based on the complexity and potential monetary value of your contract or claim.

You are within your right to negotiate directly with your employer and their legal or HR teams, or to send a written letter outlining the nature of your claim or demands. Without retaining legal representation you can also pursue financial compensation in a Small Claims Court under self representation, however these settlements are subject to a maximum payout of $25,000.00.

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).

Common 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 an employer is acting within the law.

Accepting an Undervalued Severance Offer

Employers often present packages that only meet the minimal legal requirements, or might appear flashy upfront with no backing. Without legal advice, you may be accepting an offer that is less than what you could attain with negotiation.

Missing claim deadlines

Claims have strict time limits for submission, and missing a deadline could mean the dismissal of your case.

Misunderstanding legal terminology

Legal language can be complex. Without proper guidance, it may be difficult to assess the strength of your claim, and understand the potential value being left on the table.

Signing an agreement that limits your rights

Severance agreements often include clauses that can limit your future legal rights. Understanding how to identify these types of terms 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, such as discrimination, or violations of workplace standards. Without legal guidance, these issues may go overlooked and unaddressed.

Long-Term Financial Impact

Errors in calculating compensation, benefits, 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.

Curious 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 Corner Brook Labour and Employment Lawyers Today!

Termination, severance, and workplace negotiations can be complex and high-stakes, often feeling overwhelming. Consulting with legal counsel to review your situation can help safeguard your rights, and potentially save you money in the long run. Even if you decide not to retain full representation, an initial consultation and case review can help to provide valuable clarity so you can make the best decision for you and your family. Our team can assess your specific situation, evaluate any offers, and help position you for the strongest possible outcome. Give us a call today!