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Date Posted: July 23, 2022 5:36 am
Employment Law is the body of law that governs the relationship between employers and employees and any other workplace-related matters.
Our firm has assisted employees and employers with their employment and labour issues for over 18 years. Mr. Haller has provided strategic advice to unionized and non-unionized employees. He has appeared before the Court of Queen’s Bench, the New Brunswick Court of Appeal, the Public Service Labour Relations Board, the New Brunswick Human Rights Commission, and the Worksafe Appeals Tribunal.
Whether it is a claim for wrongful dismissal, a breach of an employment contract, or a collective agreement, Mr. Haller has the experience and knowledge to tailor his advice to your unique situation and will work closely with you to resolve the legal issue as promptly as possible.
His practice includes employment and labour law litigation and mediations, grievance arbitrations, and human rights complaints, such as discrimination or the duty to accommodate. Mr. Haller excels in drafting and reviewing employment contracts, collective agreements, confidentiality agreements, severance packages, hiring foreign workers (with Nicole Druckman), and health and safety issues.
Whether you are an employer or an employee seeking legal redress in Court, Mr. Haller has your back. With extensive experience working with clients from various industries, Mr. Haller can provide you with top-notch legal representation in Court. Navigating through complex litigation stages is not an issue with Mr. Haller on your side. Since traditional dispute resolution can be costly and time-consuming, Jack Haller can successfully represent clients in arbitrations. In addition, his legal counseling is invaluable if you are considering mediation or other alternative dispute resolution methods.
When a New Brunswick employer terminates an employment contract without a cause, an employee can file an action for wrongful dismissal. However, the employer terminating an employment contract without a cause must give reasonable notice of termination. Also, the employer will offer to pay instead (in lieu) of the termination notice. If the employee refuses to sign the release, they can file an action for wrongful dismissal. Using his sophisticated legal skills, Mr. Haller will help you win your case, no matter how complex.
An employment contract is an agreement between the employer and employee. The contract defines the rights and responsibilities and the terms and conditions of the employment relationship. Acting contrary to the terms of the agreement or failing to fulfill contractual duties constitutes a breach of an employment contract. Depending on the gravity, a complying party can seek legal redress by filing a court action. With Mr. Haller on your side, your employment claim is in the right hands.
Collective agreements are contracts between unions and employers in a specific branch. Typically, they define the process of dealing with grievances. Unions are obliged to represent the workers claiming the breach of the collective agreement. If they fail to do so, the worker can initiate appropriate legal procedures against the union. Mr. Haller can draft and review collective agreements and, if necessary, represent you in Court or at a labour board arbitration.
Labour relations between employers and labour organizations can be complex. Negotiations between union representatives and employers require special skills. Both sides have legitimate demands and expectations, seeking to protect their interests in the negotiation process. Mr. Haller can represent and advise clients on both sides of labour relations. With his counseling, negotiating sensitive issues such as collective agreements, strikes, grievances, and representation votes become a matter of routine.
Human rights complaints usually involve discrimination in the workplace allegations. In Canada, including New Brunswick, discrimination based on race, religion, sex, or other grounds is illegal. The relevant legislation (such as Canadian or NB Human Rights Act) protects the workers in all phases of employment, including hiring procedures, promotions, benefits, and termination. Human rights violations can occur during any of these phases if an employer discriminates between workers due to their race, religion, or sexual orientation. To help you ensure compliance with human rights legislation, Mr. Haller will provide you with appropriate counseling. Experienced in human rights case law, he can assist clients in preventing violations and potential human rights disputes.
Harassment, especially sexual harassment, is one of the most common grounds for filing an employment claim. Any sexually motivated unwanted workplace behavior leads to an employment dispute. That includes inappropriate remarks, unwanted touching, and other forms of behavior that create a hostile environment at work. The perpetrator is usually an employer or supervisor requiring sexual favors from an employee while promising a promotion or pay raise.
Breaching a confidentiality agreement leads to an employment dispute. Commonly, the employment contract contains a confidentiality clause prohibiting the employee from disclosing confidential information during the employment, including the specific period after the termination. The purpose of the confidentiality clause is to protect the business interests of the employers and prevent their competition from utilizing confidential business-related information. Disclosing such sensitive information, defined in the contract as confidential, leads to an employment dispute. Mr. Haller is an expert both in drafting and reviewing confidentiality agreements. When a dispute arises, he will successfully represent the claimant in court. In addition, employers often breach the privacy of their employees. In the modern age, employers collect and store different private information about their employees. Workers agree to share some data voluntarily (during the hiring procedure). However, employers tend to collect information about their workers without consent by following their social media activity and online presence. Such pervasive practice can be illegal. Mr. Haller possesses extensive knowledge of privacy and data security, including the regulation and rulings of the Office of the Privacy Commissioner of Canada. Using that knowledge, he can help clients avoid costly litigation and negative publicity by advising them on compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and other data privacy regulation.
The employer is obliged to provide a safe and healthy work environment. That includes taking necessary precautions to prevent work injuries and establishing compensation mechanisms in case of workplace injury. Failing to comply with relevant provincial and local regulations regarding workplace health and safety gives rise to a dispute. The Occupational Health and Safety Act (OHSA) and Part II of the Canada Labour Code are the main legislative instruments providing workers with workplace health and safety guarantees. Workplace safety is an area in which Mr. Haller can provide invaluable assistance. When a workplace accident occurs, workers bring compensation claims. Mr. Haller can help employers and employees, advising and representing them (in separate disputes) before the Appeals Tribunal. His counseling proved to be a valuable asset for many employers, helping them to avoid compensation disputes by implementing proper workplace health and safety policies.
Canada is known for its workers policies. Dealing with immigration issues such as work permits, study permits, permanent residence, visas, and citizenship can be challenging for employers and immigration workers. Mr. Haller and his wife, Nicole Druckman, knew the nuances of immigration laws and regulations. He is fluent in English, French, and Spanish and therefore accessible to clients from different languages and cultural backgrounds.
As part of his counseling services, Mr. Haller will advise employers on compliance with provincial regulations regarding work hours, safety, overtime, and work culture. Relying on his experiment, employers can define employee-friendly policies and procedures that help their company thrive in an ever-changing market.
Reviewing employment contracts requires sophisticated skills and a sharp eye to detect the slightest non-compliance with provincial regulations. That is another area of law in which Mr. Haller excels. With his help, workers can rest assured knowing their employment rights are protected.
Feel free to contact our firm for assistance with the above-mentioned legal matters. We will provide you with top-notch legal services whether you need an employment contract review, compliance counseling, or representation in court to prove your workplace-related allegations. Jack can be reached at (506) 204-1203 or at jack@hallerlaw.ca
About Jack Haller
