British Columbia Labour Rights Attorney Giving You the Representation You Need for Employment Law Disputes

For several people, jobs are identities. One of the first questions we ask people upon meeting them is “what do you do?” Many people will identify themselves by their occupation such as “I’m a teacher” or “I’m a construction worker.” Our workplace should feel safe and secure and we should feel stable in our jobs. Sometimes, though, we can run into disputes at our places of work. These can run the gamut from small issues that are easily resolved to much larger concerns such as discrimination or termination. In the event you must take your employer to court, it’s important to know your rights.

What Are My Rights as an Employee in Canada?

Canada prides itself on its workers’ rights. There are numerous laws in place to protect employees from the workplace abuses common in many other parts of the world. This includes Canada not being an at-will employment country. In at-will employment countries, employers can terminate their employees for any reason at any time. They can even terminate them without cause. This can lead to situations where people lose their jobs because of personality conflicts or due to workplace retribution.

In Canada, employees have rights protecting them in the workplace. You cannot be summarily fired without notice and/or compensation. Additionally, you cannot be discriminated against or abused by your employer.

Rights Canadian employees enjoy under the law include:

•       Right to a Safe and Healthy Work Environment
•       Right Not to be Discriminated Against
•       Right to Fair and Agreed-Upon Compensation
•       Right to Notice of Termination

These are only some of the rights to which employees are entitled. For example, if you work around hazardous or dangerous materials, your employer must provide proper safety equipment. If you ask for this equipment and do not receive it, this could be a potential violation. If you are penalized or terminated due to this request, it could constitute unlawful termination.

If you are terminated from your place of employment, you must be given an appropriate amount of notice. Alternately, your employer can give you extra compensation in lieu of notice.

You are also entitled to be free from discrimination in the workplace. There are seventeen protected classes against which discrimination is prohibited. Sixteen of these apply to the workplace. These include:

• Race
• Colour
• Ancestry
• Citizenship
• Country of Origin
• Ethnicity
• Religion
• Sexual Orientation
• Gender Identity
• Gender Expression
• Sex
• Marital Status
• Family Status
• Age
• Disability
• Pardoned Criminal Record

A seventeenth class, receipt of social assistance, is protected only in cases involving housing disputes. If your employer or a coworker discriminates against you due to your belonging to one or more of the above classes, it is a violation of employment law.

If an employer violates any of your rights, an employee may seek action against them. What form this action takes depends on what sort of violation has occurred.

What Legal Resources Do Employees Have in Canada?

Depending on what workplace rights you think may have been violated, you will need to address them in different ways. Because Canada takes workplace law so seriously, it has created several different agencies specializing in different areas of concern. Some of these agencies are:

•       The Canadian Centre for Occupational Health and Safety (CCOHS)
•       The Canadian Human Rights Commission
•       The Canadian Human Rights Tribunal
•       The Labour Program

CCOHS investigates all claims related to safety in the workplace. If you feel your working conditions are unsafe, or if your workplace violated safety regulations, you would take a complaint to them.

The Candain Human Rights Commission investigates claims of harassment and discrimination in the workplace. If they find evidence harassment or discrimination took place, they would forward the information on to the Human Rights Tribunal for a case.

The Labour Program investigates claims of unjust dismissal. If you feel you have been terminated without just cause or your termination was not handled properly under Canadian law, you can submit a complaint to them. This complaint must be submitted within 90 days of your termination.

The investigation may take a long period of time. In discrimination cases, the process can be especially drawn out. This is because it is a two-part process involving an initial investigation by the Commission followed by a Human Rights Tribunal. In the meantime, you may have to continue working in an unsafe or discriminatory work environment. If you have been terminated, you may face financial difficulties or trouble finding new employment in the meantime.

Just because you submit a complaint to an agency does not mean they will rule in your favor. Even if they are in agreement with you, the outcome may not be to your satisfaction. This could mean a great deal of wasted time for little compensation. The agency could also rule against you. If this happens, you may find yourself with little to no recourse. Time spent waiting for a ruling in your favor could have been spent building a stronger case for yourself.

What Should I Do If I Think My Workplace Rights Have Been Violated?

Investigations by outside agencies can be long and complex. Even if they end up ruling in your favor, the outcome may not be what you hoped for or expected. If your employer decides to retain legal counsel, you could find yourself fighting an uphill battle. Companies can afford attorneys who are experienced in employment law. They may be able to identify certain loopholes to protect your employer. They may also be able to build a stronger case than you can for yourself. This is why, in employment law disputes, it’s important to retain your own legal counsel.

If you are involved in an employment law dispute, contact Labour Rights Law, located at 3007 Glen Dr #206,Coquitlam, BC V3B 0L8. Our offices are half-a-kilometer South of Coquitlam City Hall and 2km East of Eagle Ridge Park. We’re the only law office in our area to have been founded to exclusively handle employment law. Our experienced, prestigious attorneys bring their experience and commitment to every case they handle. Our attorneys have a wide array of experience in various facets of employment law, from wrongful termination to workplace discrimination.

Every Canadian should feel safe and secure in his or her workplace. Many businesses attempt to take advantage of their employees’ good will and loyalty. If you have a legal dispute involving your workplace, call Labour Rights Law today at 604-245-3169 or or email us for a consultation.