Sydney Wrongful Termination Lawyers
Protect Your Rights After a Wrongful Termination
Most workers in Nova Scotia have protections against unjust dismissal. What those protections are, and who enforces them, depends on what type of contract the employee has with the employer.
Non-unionized workers have individual contracts with their employers, and most fall under the Nova Scotia Labour Standards Code. Some Sydney employees work in industries regulated by the federal government, and others belong to a union and work under a collective bargaining agreement. In each case, protections are in place to safeguard workers against wrongful termination, and in each case, legal action can be taken if these protections are violated.
What Determines Your Rights Regarding Dismissals
Several factors determine your rights to fair dismissal. These include:
- How long you have worked for the employer
- Whether your industry is regulated by the province or the federal government
- Your contract terms
- Whether you are in a union
- The reasons for your dismissal
Why Length of Employment Matters
Employers operating under Nova Scotia’s labour laws are required to give advance notice based on the length of employment. For example, at the low end, employees with three months to two years with the employer are promised a week’s notice of termination, while employees of 10 years or more are promised eight weeks’ notice. Those longer-term employees (10 years plus) must also have been given clear expectations and an opportunity to improve. These employees must receive a written reason for their termination, while employees of shorter tenure can be dismissed without cause.
Can I Be Dismissed Without Notice?
In some cases, yes. If you have worked for the employer for less than three months, you can be terminated without notice. This can also happen if there is a sudden, unavoidable lack of work that the employer could not have predicted, no matter how long you have worked for the company. If you, as the employee, have violated rules, been insubordinate, or shown an inability to perform your duties adequately, you may be terminated without notice. In most cases, however, the employer is expected to have tried to correct the situation before terminating you without notice.
What if I am in a Union?
In most cases, collective bargaining agreements provide a specific grievance procedure to be followed in cases of unfair dismissal. This usually involves the union representing the employee in dealing with the employer to resolve the problem. In some cases, however, the union fails in its duty to represent the employee fairly or to enforce the terms of the contract. In these cases, hiring a lawyer skilled in employment law relating to union contracts is a wise move. Our lawyers have the experience and knowledge to assist union and non-union employees alike with their wrongful termination cases.
Call Our Sydney Wrongful Termination Lawyers Today
Our Sydney wrongful termination lawyers have spent years representing hundreds of clients in their wrongful termination cases. Whether you are a union or a non-union employee, we can help you get the justice you deserve. Our knowledge of federal and provincial law, combined with our experience and commitment to your rights as an employee, makes us the ideal choice to represent your best interests.
We can skilfully represent you in negotiations with the employer, in arbitration or in court, if necessary, to protect your rights. You don’t have to go it alone–the lawyers of NOVA Injury Law are here to stand by your side. We believe that every employee should be treated fairly, and we are here to be sure that happens.
Call NOVA Injury Law today at (902) 700-2798 for a free consultation and to fight your wrongful termination in Sydney.
