PEI Employment Lawyers

Labour and employment law in Prince Edward Island addresses the legal framework governing the relationship between workers, employers, and, where applicable, unions. It establishes the rules, standards, and obligations that define workplace rights and responsibilities. Looking at it more broadly, it can be broken down into two main areas of focus: employment law and labour law.

Employment Law looks at the individual relationship between an employee and employer, and all facets involved, covering all aspects of the relationship. Key areas of employment law include:

Hiring and employment contracts;
Termination of employment;
Minimum wages, and hours;
Overtime pay and vacation time;
General workplace policy;
Human rights protections.

In contrast, Labour Law applies to unionised workplaces and governs the collective relationship between employers and a group of employees. It primarily addresses collective bargaining, grievance procedures, arbitration, and the relationship between an employer and their unionized employees.

In Prince Edward Island, employees are protected by legislations such as those outlined under the Employment Standards Act (1988), which sets out minimum workplace standards and entitlements, and the Human Rights Act (1988), which safeguards individuals from discrimination and harassment in the workplace.

The Employment Standards Act outlines the minimum employment rights and responsibilities of employers in the province. It keeps employers legally accountable to ensure a safe workplace for all employees, and that consistent and fair practices are maintained. By establishing baselines for standards of wage, hours, leaves, and termination practices to ensure fair treatment for all parties involved.

The Employment Standards Act looks at:

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

For workers, this means that employers are legally required to meet minimum standards, and maintain fair and consistent workplace practices.

The Human Rights Act ensures employees are protected against discrimination and are guaranteed equal opportunities in the workplace. By establishing key areas of protection against discrimination, these guidelines aim to promote a fair and safe working environment.

Most employees in Prince Edward Island will encounter aspects of these acts in their daily lives, whether through pay, scheduling, workplace policies, or overall working conditions. Understanding these protections is important for both employees and employers, to ensure a safe and fair workplace.

If you’re considering filing a complaint or legal claim, it’s important to understand the scope of each act. The Human Rights Act applies to both public and private sector employees, as it focuses on discrimination and harassment. The Employment Standards Act applies to most provincially regulated employees, setting the minimum employment standard for most, with some exceptions for specific groups of federally regulated employees.

Together, these laws promote fair, safe, and equitable workplaces across Prince Edward Island. If you feel that your rights as an employee have been violated, and have evidence to support an official complaint, speaking with legal counsel may provide you with the tools you need to successfully move forward with your case.

How Can a Labour and Employee Relations Lawyer Help You?

Whether you’re pursuing compensation for wrongful dismissal or negotiating a new employment contract, working with an experienced and collaborative legal team can help you secure the best outcome moving forward. At NOVA Injury Law, we represent services in several areas of labour and employee law.

Labour

We provide services on matters related to corporate and institution including:

Grievances and arbitrations;
Jurisdictional disputes.

Employment

Our team offers a comprehensive range of services to meet the demands of today’s increasingly complex workplace, some of which include:

Employment or Contractor contracts;
Senior leadership compensation packages;
Workplace policies;
Employment standards;
Workplace investigations;
Terminations of employment.

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 of an employment can be broken down into several 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.

Wrongful Dismissal: Termination with just 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.

Common examples of termination with 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.

Severance Negotiations

If your employment is ending and severance discussions are underway, legal advice can help you navigate this process with confidence and clarity. Working with a legal team can assist with:

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 Prince Edward Island, workplace human rights are governed by the Human Rights Act. This legislation is designed to promote fairness, dignity, and equal opportunity in employment, ensuring that all workers are treated with respect and without discrimination.

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.

These protections apply across all aspects of employment, including hiring, working conditions, promotions, and termination. Employers have a legal duty to uphold these rights and to accommodate employees to the point of undue hardship where required.

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 Prince Edward Island, human rights complaints are handled by the Prince Edward Island Human Rights Commission, a provincial agency responsible for enforcing and promoting equality and protections for employees in the province. Before filing a complaint, be sure to familiarize yourself with the steps involved, so you aren’t caught unprepared. Consider the following:

Does your situation qualify: Ensure the issue is related to discrimination or harassment based on grounds protected under the Human Rights Act, and that occurred in an area that is covered by the legislation.
Gather relevant information: Collect as much supporting information for your claim as possible. Include details on information like a detailed description 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).
Complete the complaint form: Fill out the formal complaint form provided by the Prince Edward Island Human Rights Commission, which is available online. Complaints may be submitted electronically, by mail, or in person. In most cases, complaints must be filed within 12 months of the act occurring, and a delay in claim submission may mean a claim is denied.
Initial review: The 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.
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. Depending on the complexity of your case, legal advice may be beneficial.

Do I Need A Lawyer To Sue My Employer?

In Prince Edward Island, you are not legally required to retain a lawyer to bring a claim or complaint against your employer. Whether you choose to seek legal representation is likely to depend on factors such as the complexity of your case, as well as the potential value or your complaint.

You may decide to negotiate directly with your employer and their legal or HR representatives, or send a written letter outlining the situation, your position, and any compensation you may be seeking. Through the Small Claims section of the Supreme Court of Prince Edward Island, you are able to pursue claims up to a maximum monetary limit of $16,000.00. Obtaining legal advice can be valuable in understanding your rights, evaluating your claim, and for negotiating a fair resolution.

Situations Where You May Not Need a Lawyer

The value of your claim is relatively low.
The matter is straightforward, no facts are up for dispute.
There are no allegations involving human rights or discrimination.

When You Should Consider Hiring a Lawyer

You were employed for a long tenure, particularly with pensionable service.
You were a member of senior or executive leadership.
Your compensation includes a combination of bonuses, commissions, stocks, or benefit payouts.
The value of your claim exceeds the Small Claims limit ($16,000.00).
You are facing counterclaims or legal threats against you.
The matter includes allegations involving human rights or discrimination.

Ultimately, choosing whether or not to hire a lawyer depends on your specific circumstances, and the level or risk or complexity involved. Not sure if you need a lawyer? Give our team at NOVA Injury Law a call today for your free case review.

Possible 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?

Free, No-Obligation Consultations
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 Prince Edward Island 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!