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Employment & Labour
Experienced Labour & Employment Lawyers in Newfoundland
Employment is a crucial matter to all but a handful of people. It provides financial security, a means of supporting a family, a social network and a sense of accomplishment and pride. This is why termination can be one of the most upsetting, stressful events an individual will go through. To make matters more complicated, many people aren't familiar with the workings of labour and employment law, making it difficult for them to know when their rights have been violated. We at Gittens, de Beer & Associates are labour and employment lawyers in Newfoundland and Labrador and we can provide you with the assistance you need should you be terminated. Whether you require help to decipher a complex employment contract or you believe a termination was unjust, we can help.
If you require the assistance of labour and employment lawyers in Newfoundland, please speak to our team.
Our Employment Law Services
Gittens, de Beer & Associates provides a full range of employment law services. These include:
Personal Service Contracts: These can be complex because they often concern specialized work. We can help you review or design a contract or resolve disputes arising from one.
Employment Contracts: While few people think to consult a lawyer when accepting a job offer, it’s a good idea to make a habit of it. This is because some employers tend to insert restrictive covenants (such as non-compete clauses), which may impede your employment prospects down the line.
Severance Negotiations: If you’re laid off, the right severance package will give you enough leeway to land on your feet and make it easier to find a new job. We can ensure you get the compensation you deserve.
Wrongful Dismissal: The stress of getting laid off or terminated can make it hard to properly assess the situation.
Our Labour Law Services
We also provide a full range of labour law services, including:
Duty of Fair Representation: If you think your union isn’t representing your interests fairly, we can help.
Grievance Procedures: Workplace disputes can be highly disruptive. Gittens, de Beer & Associates provides assistance for grievance procedures and will ensure that your rights are respected.
Mediation: If a conflict escalates, mediation provides an important step before going to trial. Importantly, mediation tends to be a much faster way to resolve disputes, which is beneficial for everyone involved.
Arbitration: We also provide arbitration services for labour disputes.
What Is the Difference Between Employment & Labour Laws?
In general terms, 'labour' and 'employment' are seen as interchangeable. Moreover, both of these areas of law cover similar and often overlapping aspects. However, in legal terms, these terms denote different scenarios. Labour law and labour lawyers tend to deal with unions or those in some type of collective bargaining environment. This area of law is governed by bodies such as the Labour Relations Board.
On the other hand, employment law and lawyers deal with non-unionized employees or those not bound by a collective bargaining environment. Bodies such as the Labour Standards Division dictate the standards regarding this type of workplace.
We at Gittes & Associates have the legal know-how and experience to help you navigate the legalities of both labour and employment law in Newfoundland. We have years of experience providing interpretation, advisory, representation and litigation services to those in non-unionized and unionized environments. If you have any queries regarding labour and employment law, please don't hesitate to speak to our team.
Personalized Services
At Gittens, de Beer & Associates, we understand that every legal scenario is different. When it comes to employment and labour law, a one-size-fits-all approach is not reasonable. Our seasoned lawyers use their skills to provide you with tailor-made legal solutions that apply to your situation. We take a detailed account of your concerns and work environment to craft a customized legal strategy for you. For instance, if we determine that your situation could benefit from mediation and dispute resolution, we advocate with the utmost discretion to get you what you deserve. If, on the other hand, you find yourself in a bitter dispute, we will represent you and defend your rights passionately.
Frequently Asked Questions
One of our goals is to make the legal issues easier for our clients to understand. Some commonly asked questions about labour and employment are:
What is the rule for termination?
For termination, the general rule is that if the employee was employed for three months or more, the employer must furnish a written notice of termination. If indicated or agreed on otherwise, a vacation period doesn't count as the notice period. Moreover, the employer has to provide an advance termination notice even if the layoff is temporary.
What is the period of notice required to quit a job in Newfoundland?
There is no one period of notice that you must adhere to while providing a period of notice to quit a job. The main factor determining the notice period by either the employer (when terminating) or the employee (when quitting) is the years of service. These include:
For Less Than Three Months: None
For 3 Months up To 2 Years: 1 Week
2 Years but Less Than 5 Years: 2 Weeks
5 Years but Less Than 10 Years: 3 Weeks
10 Years but Less Than 15 Years: 4 Weeks
15 or More Years: 6 Weeks
Can I quit without providing notice to my employer?
A written notice is a standard for most scenarios. However, there are some cases where you don't have to provide a notice to your employer. Some instances of these scenarios are:
Your employer mistreated you, or they threatened your health and well-being.
Your employer lets you keep your wages in lieu of notice.
You worked for your employer for less than three months.
Can my employer deny my wages if I didn't provide a written notice?
In cases where you haven't provided your employer with a written notice, they may withhold your wages. However, they can only do this if you, as the employee, agree to the withholding.
What is a group termination?
A group termination is a scenario where an employer lays off 50 or more employees within a period of 4 weeks. The employer is required to serve individual notices of termination to each employee. They must be served within:
50- Less Than 200 Employees: 8 weeks
200-Less Than 500 Employees: 12 weeks
Do you have any more questions regarding the labour and employment laws in the province? You can send them to us, and we will get back to you shortly.
500 Or More Employees: 16 weeks
Contact Us
If you require the support of labour and employment lawyers in Newfoundland, we invite you to speak to us. We provide reliable legal services across various areas of law.
