Winnipeg Employment Dismissal Lawyers
We represent employees and employers in all industries and provide clear and pragmatic advice and representation in employment matters, including wrongful dismissal claims, constructive dismissal claims, pension and benefits issues, workers compensation and workplace health and safety as well as disputes related to disability accommodation and insurance issues.
We help employers and employees to navigate complex employment-related disputes and to resolve issues related to the termination of employment in a fair and cost-effective manner.
Wrongful Dismissal Claims
We have experience representing both employers and employees in wrongful dismissal claims.
Broadly speaking, there are three types of wrongful dismissal claims an employer or employee can be faced with:
- Where an employer is alleged to have terminated employment without cause, but refuses to pay adequate compensation.
- Where an employer inappropriately alleges cause and fails to pay any compensation.
- Where an employer is alleged to have, by altering terms or conditions of employment or by making the work environment intolerable, “constructively” dismisses an employee.
Constructive Dismissal Claims
If an employee feels there is no choice other than leaving their workplace in response to changes in their contract or work conditions, they are considered "constructively dismissed."
To consider an employee's termination a constructive dismissal, the breadth of changes to their contract must be substantial and fundamentally change the nature of their work agreement. Minor changes generally will not lead to consideration, as an employer is permitted to change duties and responsibilities of an employee as they see fit.
Pension & Benefits Issues
Marr Finlayson Pollock LLP can advise and provide representation on a number of pension and benefits issues.
Whether trade union, company, or individual, we can provide guidance regarding all aspects of single employer and multi-employer pension plans.
This may includes benefit entitlements, full and partial windups, insolvencies and surplus applications.
Workers Compensation Claims
Marr Finlayson Pollock has experience helping both employers and employees navigate complex workers compensation claims. In advising an injured worker, the goal is to help them obtain benefits they are entitled to. In representing the employer or the employer's insurance company, the aim is to mitigate the defendant's liability.
Disability Workplace Accommodation Disputes
The Manitoba Human Rights Commission is an independent agency of the Government of Manitoba responsible for administering The Human Rights Code (“The Code”).
The Code prohibits an employer from discriminating against a person based on various characteristics listed in The Code including physical or mental disability, family status, religious belief and gender identity.
The duty to accommodate is the responsibility of the employer to address unreasonable barriers based on a protected characteristic that limit access to opportunities and benefits available to other employees.
In most cases, workplace accommodation is straightforward and reasonably affordable. However, situations may arise where providing accommodation is not feasible for safety or cost related reasons and the employer or worker can find themselves involved in a disability workplace accommodation dispute.
If you need advice navigating a workplace accommodation claim, contact Marr Finlayson Pollock LLP.
Employer Insurance Disputes
With our years of experience with employment law, we can assist both employers and employees alike navigate complex employment insurance claims.