Halifax Wrongful Termination Lawyers

Understanding Your Rights After a Wrongful Termination

In Nova Scotia, the rules governing employee termination depend on several factors. For Halifax non-union employees, most jobs fall under the protections of the Nova Scotia Labour Standards Code, which is enforced by the Labour Standards Division of the Nova Scotia Department of Labour, Skills and Immigration. Each employee has a contract with the employer that may or may not have additional provisions governing the rules for dismissal.

Some employees, such as those who work in businesses regulated by the Federal government, independent contractors, self-employed workers, and those who “do domestic service for or give personal care to an immediate family member in a private home and are working for the householder,” are not covered under the Labour Standards Code.

Union employees typically have a collective bargaining agreement rather than individual contracts. If a union contract includes a grievance process, those employees do not have access to filing complaints with the Department of Labour. Instead, they are to follow the specified grievance process.

If you believe you have been dismissed unjustly, it is wise to seek legal assistance to ensure that your rights are protected. The experienced employment lawyers at NOVA Injury Law are standing by to help.

Legal Representation for Unionized vs. Non-Unionized Employees

Non-unionized workplaces typically contract with each employee individually, and if an employee believes they have been wrongfully terminated, it is up to that employee to seek legal recourse. This means that if you are not in a labour union and you want to challenge an unjust dismissal, your best move is to contact a Halifax wrongful termination lawyer immediately.

Union workers are covered by collective bargaining agreements that outline the steps for addressing a wrongful termination (the grievance procedure). In most cases, the union will represent the employee in negotiations with the employer. If the union fails in its duty of fair representation of the employee, the employee may take legal action against the union. 

Requirements of the Labour Standards Code Regarding Dismissals

While an employer is not required to give a reason for termination for an employee of less than 10 years, in most cases, they are required to provide written notice. Requirements for advance notice of termination for non-union employees range from one week to four weeks, based on the length of employment for employees with less than 10 years of service. The employer has the option to pay the employee in lieu of notice.

Employees with 10 years or more of employment with the employer, however, cannot be fired without just cause. The written notice of termination for these employees must be provided eight weeks in advance and must include the reason for the termination. In these cases, the employer is also required to demonstrate that they have made their expectations clear, warned the employee, and given them time to correct the problem. They must also have made it clear that failure to correct the issue may lead to dismissal.

Call Our Halifax Wrongful Termination Lawyers Today

The requirements discussed above are only a few of the provisions of the Nova Scotia Labour Standards Code. This helpful guide can provide more details.

If you feel that your employer has dismissed you unjustly and has violated the terms of your contract or broken Provincial or Federal employment laws, the skilled wrongful termination lawyers at NOVA Injury Law can help you navigate the process of achieving justice, whether that involves negotiation, arbitration, or a court trial.

We also represent union workers who feel that their union has not represented them fairly in a Halifax wrongful termination case.

Call our offices today at (902) 700-2798 for a free consultation and get the justice you deserve.