Date Posted: February 15, 2021 12:57 am
Employment Law (or Labour 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.
When a New Brunswick employer terminates an employment contract without a cause, an employee can file an action for wrongful dismissal if severance was not provided. After filing a lawsuit, a wrongfully dismissed worker can file a motion for summary judgment seeking payment of the special damages. However, the employer terminating an employment contract without a cause is obliged to give reasonable notice of termination. Also, the employer will offer to pay instead (in lieu) of the termination notice. 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 of the parties, including 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. 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 relevant bodies of an arbitration.
Human rights complaints usually involve discrimination in the workplace allegations. In Canada, including New Brunswick, discrimination based on race, religion, sex, or sexual orientation is illegal. The relevant legislation protects the workers in all phases of employment, including hiring procedures, promotions, benefits, and termination.
Harassment, especially sexual harassment, is one of the most common grounds for filing an employment claim. Any sexually motivated unwanted behavior in the workplace gives rise 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, gives rise 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.
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 state, provincial and local regulations regarding workplace health and safety gives rise to a dispute. Workplace safety is an area in which Mr. Haller can provide invaluable assistance.
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, rest assured that your 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 or a representation in court to prove your workplace-related allegations. (506) 204 1203 or jack@hallerlaw.ca