Fredericton Labour and Employment Lawyers

Labour and employment law looks at the areas of law that govern the relationships between workers, employers, and (if applicable) unions. It sets out guidelines, codes, and policies that outline the rights and obligations of each party in a workplace environment. It can be broken down into two primary areas of law: employment law and labour laws.

Employment Law looks at the individual relationship between an employee and employer, and all facets involved. Some key areas covered in employment law include:

Hiring and employment contracts;
Termination of employment;
Minimum wages, and regulations around hours of work;
Entitlements for overtime and vacation time;
Workplace disciplinary guidelines;
General workplace policy;
Human rights protections.

Alternatively, Labour Laws deal with the collective relationship between an employer and a group of unionised employees. Primarily, looking at collective bargaining agreements, grievances and the arbitration process, and employer-union negotiations.

In New Brunswick, employees can benefit from knowing they have strong legal protections under the Employment Standards Act (1982), which sets out minimum workplace standards and entitlements, as well as the Human Rights Act (1967), which safeguards all individuals against discrimination or harassment in the workplace.

The Employment Standards Act states that “except where exempted under this Act or the regulations, all employers and employees whose relations are subject to the legislative authority of the Legislature are bound by this Act, notwithstanding that the work or services may be performed in whole or in part outside New Brunswick.” For workers, this means that employers are legally accountable to ensure a safe workplace, and that consistent and fair practices are maintained.

The Human Rights Act provides protections for employees against discrimination and guarantees equal opportunities in the workplace. By establishing key areas of protections against discrimination, these guidelines aim to promote a fair and safe working environment.

Everyday workers in New Brunswick are likely to come into contact with aspects of these acts in their day-to-day lives, such as through wages, hours of work, and working conditions or safety standards. Regardless of whether they work privately or for the public sector, each employee has the right to understand the ways in which they’re protected.

A key difference to be aware of when looking at filing a complaint or legal claim against an employer, is understanding the scope of coverage that each act. The Human Rights Act, as it is enforced to protect the individual employee from discrimination, harassment, or harms, is for all employees, both public and private. Alternatively, the Employment Standards Act looks at most employees, with some exception for federal employees. The Employment Standards Act looks at the core employment standards such as:

Minimum wage;
Hours of work or overtime;
Vacation or holidays;
Leaves of absence, including sick or parental;
Termination and layoff rights.

Collectively, these protections ensure a fair, safe workplace for all New Brunswick residents. If however, you feel that your rights or protections are being infringed on, and you have evidence to support this, you may be entitled to compensation. Help hold employers accountable for a better tomorrow, today!

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 wrongful dismissal matters;
Advocating for employment standards, human rights, and workplace health and safety excellence.

Our team is committed to working with you, either one on 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 or moving onto your next chapter, we’re ready to support your needs every step of the way.

What is Termination of Employment?

Termination of employment occurs when the working relationship ends, either because an employer has dismissed an employee or because that employee has chosen to resign from the position. A layoff may also be considered a termination if an employee is not called to return to work within an applicable timeframe.

Different Types of Employment Termination

Termination falls into a few different categories:

Without Cause: The employer has ended the employment for reasons that aren’t related to misconduct, and may be as a result of economic conditions or organization restructuring. The employee is entitled to notice or pay in lieu, based on length of service.

With just cause: The employer has ended the employment relationship immediately, likely as a result of serious misconduct such as theft or fraud of the organization, or inciting violence or harassment in the workplace. The employee is not entitled to notice or pay in lieu if there is evidence of misconduct.

Temporary layoff turned termination: Instances where a layoff may be treated as a termination include those that exceed the permitted duration of time without payable hours, or if the employed isn’t called to return to work.

Employee resignation: The employee has ended the working relationship of their own volition. Typically there are no obligations on an employer to provide notice or pay in lieu in these instances.

Group termination: When more than 10 employees (and representing at least 25% of the workplace) are terminated within a four-week period. These group terminations trigger additional requirements, such as ensuring the remaining workforce has been made aware of these changes.

Wrongful Dismissal: Termination without Cause

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 as outlined under the New Brunswick Employee Standards Act, meaning that your 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.

Termination with Cause

Termination of an employee with just cause occurs when an employer dismisses an employee for an act of serious misconduct or behaviour that is in direct violation of the organization or Human Rights Act. When an employer is able to establish just cause for termination, the employee is not entitled to notice or pay in lieu.

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.

Employer Contract Review

If you are considering a new or updated employment contract, it’s important to ensure the terms reflect your best interests, whatever those may be. Working with legal counsel can help you to better understand your agreement, your legal rights, and strengthen the value and protections your agreement provides.

An experienced lawyer can help with:

Reviewing key terms, to ensure fair compensation, clear responsibilities, and reasonable timelines;
Identify legal risks, including unclear or potentially restrictive clauses;
Providing negotiation support to help you secure more from those challenging conversations.

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 New Brunswick, workplace human rights are governed and protected by the Human Rights Act, as previously mentioned. Looking in greater detail, the Human Rights Act is legislation created and maintained to promote fairness, dignity, and equal opportunity in the workplace for all.

Employees are protected from discrimination 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 across all aspects of employment, and employers have a legal duty to uphold and accommodate employees as such.

Human rights concerns are not limited to direct actions by the employer, but extend to the entire work environment. If a workplace becomes toxic, unsafe, or discriminatory towards a specific individual or group of individuals, employers may be held responsible for failing to prevent these actions from taking place, and failing to provide a safe workplace.

Filing a Complaint

In New Brunswick, human rights complaints are handled by the New Brunswick Human Rights Commission. Before filing a complaint, ensure that:

1. Your situation qualifies: Make sure the situation is a discrimination or harassment based on protected grounds, and occurred in an area that is covered by the Act.
2. You gather relevant information: Gather as many details to support your claim as possible. Aim to gather information like descriptions of the event(s), dates and times, names of anyone involved or who may’ve witnessed the events, and a collection of any written documents if applicable (such as emails).
3. Complete the Complaint Form: Fill out the formal complaint form provided by the New Brunswick Human Rights Commission, available online. Complaints may be submitted digitally, via the mail, or in person. Typically complaints must be filed within 12 months of the act occurring, and a delay in claim submission may mean a claim is denied.
4. Initial review: The Human Rights Commission will review the complaint and all supporting evidence, and determine if the complaint falls within the jurisdiction of the commission. If accepted, the complaint will proceed.
5. Investigation and Mediation: Depending, the Commission may attempt early resolution of the issue through medication, or conduct a more thorough investigation if deemed necessary. It is typical for most complaints to be resolved at this stage.

Board of Inquiry: Complaints will only reach this stage if they are not resolvable. If a claim has made it to this stage, then a formal hearing is likely to take place and evidence will be used to allow the board to come to a formal decision.

Possible outcomes: Compensation may be awarded in some cases of complaint resolutions. Additional outcomes may include reinstatement of employment, or policy change in the workplace.

Other considerations: Filing a complaint is free, and doesn’t require legal representation.

Do I Need A Lawyer To Sue My Employer?

In New Brunswick, you are not legally required to retain legal counsel to bring a claim against your employer. Whether you choose to hire legal representation is likely to depend on the complexity of your case, and the potential monetary value of your claim.

You may choose to negotiate directly with your employer and their legal or HR teams, or send a written letter outlining your position and any compensation you are seeking. Without 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. That said, legal advice can be helpful in understanding your rights, assessing the strength of your claim, and negotiating an appropriate resolution for both parties moving forward.

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 the team at NOVA Injury Law gets things done?

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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 Fredericton 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!