Sydney Employment Lawyers

Our team understands the significance of feeling secure and comfortable in your employment standing. There are a wide range of circumstances that arise which may lead you to feeling uncertain about your rights in the workplace.

Our Sydney employment lawyers help employees across Cape Breton with wrongful dismissal, severance negotiations, disability disputes, and workplace discrimination claims. We provide strategic advocacy to level the playing field when dealing with employers and insurance companies.

Wrongful Dismissal Lawyers in Sydney, Nova Scotia

Losing your job unexpectedly can leave great emotional and financial strain on you and your loved ones. This is further emphasized when you are uncertain about the validity of your termination. There are two common types of wrongful termination:

Termination Without Proper Notice or Compensation

Insufficient Notice: occurs when your termination notice does not meet the legal requirements in Nova Scotia. The required timing of your notice of dismissal will depend on how long you have been employed.

Pay in lieu of Notice: this is compensation for the notice period instead of working through it, and it must be paid in full upon termination.

Constructive Dismissal

Rather than terminating your contract, employers may make significant changes to your job that affect your quality of life to the point that you have no choice but to resign.

Some examples of Constructive Dismissal include:

A significant reduction in wage, salary, or commission structure.

A demotion that undermines your reputation or authority.

Relocation without choice or reasonable notice.

Major changes to your job duties that do not align with your original contract.

If you believe you were wrongfully dismissed, speak with our Sydney employment lawyers for a free case evaluation.

Severance Package Negotiation & Employment Contract Review

Protecting Your Financial Entitlements

Did you know that you can negotiate your severance package? Employers often offer only the minimum severance required by the Labour Standards Code and provide a short time limit to accept. This is commonly referred to as statutory severance.

In Nova Scotia, you are often eligible for common law severance unless your employment contract clearly outlines otherwise. Common law allows for greater entitlements based on your position, salary, age, or years of service. A common law severance package may include compensation for several forms of employment income, such as:

Base salary for the notice period.

Bonuses, commissions, and incentive pay.

Health and dental benefits continuation (until the previously agreed date.)

Release of Claims

When you sign a severance agreement, you usually also give up the right to pursue legal action for wrongful dismissal. Before signing any termination documents, it is highly recommended that you obtain legal advice to ensure that you are getting the strongest outcome.

Case Example: Brocklehurst v Micco Companies Limited, 2025 NSSC 192

In this case, an employee of nearly 8.5 years was terminated with only the minimum statutory severance entitlements from the Nova Scotia Labour Standards Code. He was able to sue for wrongful dismissal damages at common law. The language of his notice was unclear and included the phrase “severance pay,” which is not actually defined in the code. The notice also used the phrase “Nova Scotia Labour Standards legislation,” excluding the word “code.”
Because the wording was ambiguous, the court ruled that the clause did not clearly limit the employee’s rights, and the employee was therefore entitled to common law reasonable notice instead of just the statutory minimum.

Our lawyers can review your severance offer and advise whether it meets your legal entitlements. Our goal is to help you negotiate a severance package that reflects the full value of your contributions promptly, and ideally without the additional stress of a lawsuit.

Long-Term Disability (LTD) Claims

Challenging Disability Benefit Denials

Employees who suffer serious injuries or illnesses may rely on long-term disability benefits through employer-sponsored insurance plans. Unfortunately, insurance companies sometimes deny legitimate claims or terminate benefits prematurely. Common reasons for LTD disputes include:

Denial based on “insufficient medical evidence.”

Termination after the insurer claims you can return to work.

Termination of benefits after the “own occupation” period (commonly after 24 months.)

Surveillance or biased medical assessments that do not accurately reflect your condition.

Our lawyers have extensive experience handling complex long-term disability (LTD) disputes. Because of NOVA’s Doctor-Lawyer Firm approach, we are able to build strong legal and medical evidence for your case. We assist employees with appealing denied disability claims and pursuing compensation where insurers have acted unfairly. For more information on LTD, contact us and learn more about Sydney long-term disability claims here.

Sick Leave, Illness, and other Job Protected Leaves

Employers in Sydney and across Nova Scotia must adhere to laws that protect employees who need time off for medical, family, or other essential life events. Under the Nova Scotia Labour Standards Code, job-protected leave ensures:

Job Security: once you return to work, you will continue in the same position you were in prior to the leave. In cases where that position is no longer available, you will be moved to the most similar position, without a decrease in wage or seniority.

Maintaining Benefits: a written agreement with your employer outlining how your benefits will continue while you are on leave, including a payment plan and a timeline which the employer and employee must respect.

Eligibility typically requires 30 days of continuous employment, with reasonable notice for your absence (medical proof if requested). Key leaves can include:

Personal Sick Leave: 5 days/year for your own illness/injury + 3 days family responsibility (medical appointments/care).

Serious Illness/Injury Leave: 27 weeks/52-week period (3+ months employed); minimum 1-week blocks.

Parental/Maternity/Adoption: Up to 78 weeks combined (52 weeks primary + 26 weeks secondary caregiver).

Family Caregiver Leave: 27 weeks/52-week period for serious family illness (child, spouse, parent, dependent).

Bereavement Leave: 3 days (2 paid if 3+ months employed).

Critical Illness Leave: 27 weeks (child), 16 weeks (adult family member).

Domestic/Family Violence Leave: 6 weeks + 5 personal safety days.

Reservist Leave: Job protection for military service.

Depending on your situation, failure to follow the outlines above can fall under a wrongful dismissal or human rights complaint. If you are unsure, contact us!

Human Rights & Workplace Discrimination

Provincial human rights legislation protects employees in Sydney from workplace discrimination.

Protected Characteristics include race, gender, disability, age, sexual orientation, religion, family status, and more under the Nova Scotia Human Rights Act.

Workplace discrimination can take many forms, some more obvious than others.

Ostracization, missed opportunities with biased reasoning, or negative comments without mediation are all examples of discrimination in the workplace.

Duty to Accommodate

Employers are required by law to accommodate employees with disabilities, special needs, and other protected characteristics.

Accommodations are required up to the point of undue hardship, meaning the request is too expensive, or not reasonable to the extent that it negatively affects clients, other employees, or the work structure in general.

Reasonable accommodations examples provided by the Human Rights Commission:

Ergonomic equipment and mobility aids.
Reduced work hours or modified workload.
Flexible or modified work hours for religious purposes.
Failure to accommodate may constitute workplace discrimination.

It is best practice to have your accommodation agreements in writing to ensure both parties are protected and have the evidence to support the complaint.

Whether employer or employee, inclusivity in the workplace is deeply important, and our lawyers are equipped to deal with such disputes with the appropriate sensitivity and care. We aim to resolve issues internally before involving the Human Rights Commission, to avoid a lengthy mentally taxing ordeal.

Timelines and Logistics for Employment Disputes

Each employment law case is unique and falls under different but strict limitation periods. It is best to act quickly and consult a lawyer early on to ensure you do not miss any important deadlines.

Our employments lawyers will aid in:

Collecting and organizing relevant documentation
Tracking correspondence and internal grievance steps
Meeting the procedural deadlines for your circumstances

How Our Sydney Employment Lawyers Can Help You

Contingency Plan

Concerned about legal fees for employment disputes? With our contingency plan, you don’t pay unless we win. Let healing be your priority as we make your case ours.

Legal and Medical Practitioners in one Place

NOVA Injury Law’s Doctor-Lawyer Firm™ provides in-house medical insight, guiding every step of your claim. This unique method allows us to identify the full extent of your medical conditions, anticipate long-term complications, and present clear, persuasive medical evidence that safeguard you from insurer and employer inspection.

Strong Cases, Faster Resolutions

A skilled lawyer, like those found at NOVA, is often able to resolve a matter before proceeding to trial, decreasing legal fees and getting you your money sooner. Well-written claims, relevant evidence, and quality negotiations can result in larger and faster settlements than otherwise achievable, while still preparing for trial if necessary.

Coordinating Employment Insurance Claims

Employment disputes often intersect with Employment Insurance (EI) and Long-Term Disability. The experienced injury and insurance lawyers at NOVA Injury Law understand how these issues interact and can coordinate strategies to ensure clients receive the maximum compensation available.

Experience you Can Trust

By combining empathy, dedication and legal knowledge to the people we serve, our team at NOVA has recovered over $50 million for 1,500+ clients. With our proven track record, and understanding of the regional challenges Sydney residents face, we are prepared to help you.

Let our client testimonials highlight what we can do for you.

Contact Our Sydney Employment Lawyers

If you or someone you know are facing challenges with workplace discrimination, termination, disability rights, or any other employment concerns in Sydney or Cape Breton, don’t wait. Speak to our legal team today!

Contact NOVA’s employment and personal injury lawyers for a free case consultation and a strategy tailored to your needs. Reach us online or call 902-709-1490, we’re available 24/7!