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Find a Lawyer » Canada Legal Guides » New Brunswick Legal Guides » Work & Employment Rights New Brunswick
💡Under the New Brunswick Occupational Health and Safety Act, you have the fundamental right to refuse work if you reasonably believe the task will endanger your health or safety. Your…
💡In New Brunswick, a mass layoff (group termination) legally occurs when an employer terminates more than 10 employees (meaning 11 or more) within a four-week period, provided they represent at…
💡In New Brunswick, courts generally view non-compete clauses as an illegal “restraint of trade.” To successfully enforce one, your former employer must prove in the Court of King’s Bench that…
💰In New Brunswick, the law requires equal pay for equal work. If you are a woman being paid less than a male colleague for substantially the same job, you can…
💡In New Brunswick, you are legally entitled to up to 17 weeks of unpaid maternity leave and 62 weeks of unpaid child-care leave. To request this, you must provide your…
💡In New Brunswick, employers must provide a 30-minute food and rest break after you work 5 consecutive hours, as dictated by the Occupational Health and Safety Act. Additionally, the Employment…
💰In New Brunswick, an initial consultation with an employment lawyer usually costs between $150 and $400 CAD. If you decide to hire the law firm, their hourly rates generally range…
⏰In New Brunswick, you generally have exactly 6 months from the date the wages became due or the specific violation occurred to file a formal complaint with the Employment Standards…
💵If your employer breaches your employment contract in New Brunswick, you can claim compensation for lost wages, unpaid bonuses, and lost benefits. For a wrongful dismissal, common law severance can…
💡In New Brunswick, unless your employment contract explicitly allows for it, a temporary layoff is generally considered a “constructive dismissal” under common law. This means your employment has effectively been…
👨⚕️If you suffer a workplace injury in New Brunswick, you must report it to your employer immediately and seek medical attention. You must then promptly submit an official “Application for…
💰In New Brunswick, if you are an eligible employee and are required to work on a statutory public holiday, you are generally entitled to your regular day’s pay plus 1.5…
💼Constructive dismissal occurs when your employer makes a drastic, unauthorized change to your job-such as a 20% pay cut, a severe demotion, or forcing a move to a new city-leaving…
💡While the New Brunswick Employment Standards Act does not legally mandate a specific notice period for resigning employees, your written employment contract or Canadian common law often does. Providing “reasonable…
📄In Canada, employers must issue your Record of Employment (ROE) within 5 calendar days of your last pay period. If your New Brunswick employer refuses, do not wait. Apply for…
💡In New Brunswick, the Human Rights Commission offers free mediation to resolve workplace discrimination claims. Successful financial settlements usually range from $2,000 to $15,000 CAD for injury to dignity, allowing…
💼If you are misclassified as an independent contractor in New Brunswick, you lose essential protections like overtime, vacation pay, and Employment Insurance (EI). You can request a free official ruling…
👤In New Brunswick, it is illegal for employers to ask for your age, birth date, or graduation year during a job interview. If you are denied a job due to…
👶Firing a woman because she is pregnant or taking maternity leave is illegal in New Brunswick. It is a severe violation of the Human Rights Act. You can file a…
💵As of April 1, 2026, the general minimum wage in New Brunswick is $15.90 CAD per hour. Employers are strictly prohibited from deducting money from your pay for mistakes, broken…
💡Yes, an employer in New Brunswick can request a medical note to verify your need for accommodation. However, they are generally only legally entitled to know your functional limitations (what…
🎯 Specialization: Commercial Litigation, Labour Relations, Public Law
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📍 Address: 140 Rue Carleton St, Fredericton, New Brunswick
🏢 Est: 1990
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🎯 Specialization: Business Law, Labour and Employment, Litigation
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Welcome to the New Brunswick Work & Employment Rights guide centre. Here you will find comprehensive resources covering everything from workplace safety to wrongful dismissal, based on current provincial regulations.
Employment relationships in New Brunswick are primarily governed by the Employment Standards Act, which sets the minimum rules for wages, hours of work, and vacation pay. Whether you are an employer drafting contracts or an employee facing unfair treatment, understanding these foundational workplace rights is crucial for maintaining a fair and productive work environment.
Beyond basic standards, workers are also protected by the New Brunswick Human Rights Act, which prohibits discrimination and harassment on the job. Navigating employment disputes, such as sudden terminations or unsafe working conditions, can be highly stressful, making it essential to know your legal entitlements and the proper channels for seeking a resolution.
Most daily workplace disputes and wage claims are investigated and resolved by the provincial Employment Standards Branch. For issues involving discrimination or a failure to accommodate a disability, the New Brunswick Human Rights Commission is the primary investigative body. Additionally, workplace injuries and occupational safety matters are strictly overseen by WorkSafeNB.
However, if an employment dispute escalates into a complex civil lawsuit, such as a high-value wrongful dismissal case or a breach of a non-solicitation agreement, it will be heard at the Court of King’s Bench of New Brunswick. Taking a case to this higher court involves strict civil procedures and formal litigation, where having strong legal representation is often the deciding factor in achieving a fair settlement.
Facing a sudden job loss, fighting for unpaid wages, or dealing with workplace discrimination can be incredibly overwhelming. We strongly advise against trying to interpret complex employment contracts or representing yourself in formal legal proceedings. Retaining a qualified employment lawyer ensures that your rights are vigorously protected and that you receive the maximum compensation or severance you are legally owed.
An experienced lawyer can help you negotiate severance packages, file claims correctly with provincial boards, and advocate for you in court if necessary. You can find a list of relevant local lawyers and government agencies at the top of this page.
Wrongful dismissal happens when an employer terminates you without giving proper notice or fair severance pay. Constructive dismissal occurs when an employer unilaterally makes a significant, negative change to your job, such as a massive pay cut or demotion, that effectively forces you to resign.
Under the New Brunswick Employment Standards Act, the minimum notice period depends on how long you have worked for the employer. However, under common law, you may be entitled to a much larger severance package based on your age, position, length of service, and how difficult it will be to find a similar job.
Yes, in most non-unionized workplaces, an employer can terminate your employment without cause at any time. However, they must not fire you for discriminatory reasons, and they must provide you with the appropriate notice period or severance pay in lieu of notice as required by law.
You should first report the issue to your employer or human resources department in writing. If the company fails to address the problem, or if the employer is the one harassing you, you can file a formal complaint with the New Brunswick Human Rights Commission for a legal investigation.
Yes, eligible employees are entitled to be paid for prescribed statutory holidays in New Brunswick. If you are required to work on a statutory holiday, you generally must be paid your regular day’s pay plus time-and-a-half for the hours you actually worked during that holiday.
If you sustain a workplace injury, you must seek medical attention and report the injury to your employer immediately. You should then file a workers’ compensation claim with WorkSafeNB, which provides wage replacement, medical benefits, and rehabilitation services while you recover.