The Employment and Labour Law Department provides employment and labour law advice to both public and private sector employers in the following areas of law:
Our firm provides representation on behalf of Employers for proceedings before the Ontario Labour Relations Board with respect to:
- Union certification applications
- Decertification applications
- Sale of business and related employer applications
- Unfair labour practice complaints
- Unfair representation complaints
- Public Sector Labour Relations Transitions Act applications
- Employment Standards Act appeal proceedings
- Occupational Health and Safety Act proceedings
Our lawyers provide day to day labour advice and can assist with various labour matters, including the following:
- Collective agreement interpretation and application
- Provide advice to clients prior to decisions / actions that may give rise to grievance
- Arrange private investigations and surveillance where appropriate
- Provide analysis and assessment to client regarding the chances of success at arbitration with respect to grievances submitted for arbitration
- Assist with arbitrator selection / recommendation for matters that are referred to arbitration
- Conduct arbitration litigation on behalf of Employer clients by:
- Preparing witnesses for testimony at arbitration
- Obtaining and preparing expert witnesses, where required
- Preparing necessary documents for hearing
- Providing legal research and case briefs, where required
- Conducting case
Our experienced team provides representation on behalf of Employers with respect to:
- Negotiation of collective agreements with trade unions in all sectors of the economy – public and private, including participating in conciliation and/or mediation
- Assistance in analyzing a client’s collective agreement language, wages and benefits
- Providing comparison information to clients regarding the terms and conditions of employment in other collective agreements, as required
- Developing effective strategies for the successful negotiation of collective agreements in a manner that meets client needs, including working with benefit consultants, actuaries and benefit providers as needed
- Provide full support in all areas in the event of a work stoppage, including injunctive relief, where needed
- Liaise with media as required
- Coordinate collective agreement language with applicable legislation to ensure compliance
- Conducts Interest Arbitration cases for Employers covered by “no strike” legislation (i.e. Hospitals, Police Services and Fire Departments.)
We provide the following services for our clients relating to Human Rights Matters:
- General advice on interpretation and administration of the Ontario Human Rights Code
- Policy development
- Assistance with the accommodation process in accordance with the Code for reasons such as disability, family status, religion, gender expression/identity, etc.
- Processing of Human Rights Code applications, including preparation of Response, attendance at mediation, and acting as counsel at Tribunal hearings
- Training for management and employees regarding Code obligations
If you have encountered Workplace Safety and Insurance issues, our team of experts can assist with the following:
- Workplace Safety and Insurance claims control management from the initial stages of a claim to the closure of a claim
- Assistance and reviews on completing and filing Form 7 and other WSIA forms and reporting requirements
- Assistance in communicating and documenting matters with the WSIB and where appropriate intervening directly with Board employees to ensure prompt responses and effective claims control
- Assistance in preparing and/or advising on providing suitable work, work hardening programs, and all phases of the Work Reintegration process, including assistance at Return to Work Specialists and/or Work Transition Specialists meetings
- Assistance in arranging and advising on Physical Demands Analysis, Ergonomic Assessments, Job Shadowing and Education, and other related services for the company
- Arranging private investigations and surveillance where appropriate
- Assistance in arranging and advising on Independent Medical Assessments and Function Abilities Evaluations
- Review of individual claim files for cost relief from the Secondary Injury and Enhancement Fund (S.I.E.F.)
- Assistance and advice on experience rating matters (N.E.E.R. and CAD-7) including assessment reviews with detailed reporting to confirm company’s position at any given time and advice on how to maximize your refund or minimize your penalty on a cost-effective basis
- Assistance and advice on Revenue matters including employer classification, payroll and work-well audits
- Assistance with the preparation of objections and written submissions on behalf of employers at all levels of appeal process
- Representation at WSIB and WSIAT Appeal Hearings
- Representation of employers, directors, officers or supervisors charged with an offence under the Workplace Safety & Insurance Act and regarding any investigations involving the Regulatory Division
- Assistance and advice regarding registering as an employer with the WSIB when starting a business
- Assistance and advice regarding WSIB costs and potential on-going liability upon the sale of assets or shares of a business or upon restructuring of a business
Our team can offer representation to employers in wrongful dismissal proceedings, including but not limited to:
- Preparation of Statement of Defence
- Preparation of Statement of Issues, attendance at mediation and all settlement meetings and negotiations
- Conducting all Examinations for Discovery and Document Disclosure
- Representation during all court attendances and proceedings and at trial
Our team can provide assistance with general employment advice including:
- Assistance in drafting employment contracts, including termination provisions and restrictive covenants
- Providing proactive advice to employers regarding their obligations under the Employment Standards Act, 2000, including their obligations with respect to hours of work, vacation time and pay, statutory holidays, leaves of absence, and termination and severance of employment
- Representation of employers in all dealings with Employment Standards Officers on employment standards matters and complaints
We provide representation for employers with respect to:
- Assistance and advice on understanding the employer’s obligations pursuant to the Occupational Health and Safety Act, including workplace harassment and workplace violence
- Advising employers on all issues of health and safety in the workplace including completion of manuals and other relevant programs to provide a safe work environment
- Training for supervisors and management relating to required obligations pursuant to the Act and “due diligence”
- Representation of employers, directors, officers or supervisors charged with violating the provisions of the Occupational Health and Safety Act
- Representation of employers charged with terminating or disciplining an employee in violation of the reprisal provisions of the Occupational Health and Safety Act
We provide representation on behalf of Employers with respect proceedings before the Canada Industrial Relations Board with respect to:
- Union certification applications
- Decertification applications
- Sale of business and related employer applications
- Unfair labour practice complaints
- Unfair representation complaints
- Canada labour standards complaints
- Unjust dismissal complaints
- Occupational health and safety matters
Our firm provides labour and employment advice to contractors and subcontractors in all sectors of the construction industry with respect to:
- Union avoidance
- Union certification applications
- Decertification applications
- Sale of business and related employer applications
- Grievance referral applications
- Collective bargaining
In addition to our other services offered, we can provide specific Workplace Management Training on many areas falling within the scope of labour and employment law, including:
- Collective bargaining updates and trends
- Recent statutory amendments
- New case law developments
- Intensive documentation and record keeping training
- Workplace Violence and Workplace Harassment
- Accommodation obligations
- Complying with Occupational Health and Safety Act and Human Rights Code obligations
- Performance management
- Collective agreement application and interpretation
We conduct internal investigations for clients on:
- Human Rights Code–related matters, such as allegations of harassment, sexual harassment or discrimination, and
- Occupational Health and Safety Act matters, such as allegations of workplace harassment or violence
- Disciplinary issues
We offer assistance for specific work-related insurance matters including:
- Assisting and advising employers on disability management and controlling the costs of sickness and accident/disability claims filed by employees
- Advising employers on reducing costs of sickness and accident/disability claims including assistance in preparing and advising on return to work programs, arranging Independent Medical Examinations or Functional Abilities Evaluations, Ergonomic Assessments, Job Shadowing and private investigations and surveillance, where appropriate
- Representation of employers in any actions commenced by employees to pursue sickness and accident/disability claims
- Advising employers regarding severing/terminating employees who are collecting sickness and accident/disability benefits
Our team can provide guidance on the following Privacy Law issues:
- Providing advice to public and private sector clients regarding their obligations under applicable privacy legislation and the common law
- Representation of public sector entities and affected third parties in freedom of information requests
- Providing advice to employers regarding employment-related privacy concerns related to the workplace and social media
We assist clients in all aspects of a plant closure including, but not limited to:
- Developing and executing effective strategies to minimize severance and termination costs / strategies for both union and non-union employees.
- Operational issues
- Retention bonuses for key staff
- Negotiation of closure agreements with affected union(s), if any
- Security arrangements
- Inventory management / production continuation strategies (up to and following announcement)
- Media interface
- Transition assistance
- Liase with other business support sources such as accountants, outplacement counsellors, actuaries, benefit consultants, corporate solicitors
- Develop and execute effective strategies to assist clients in restructuring / downsizing operations with respect to all the issues listed above
Our firm provides advice and assistance to Employers in relation to labour and employment law implications associated with corporate asset sales, share sales and mergers, including:
- Assessing corporate employment and labour liabilities upon sale and/or acquisition
- Assessing WSIB, disability, pension and benefits costs and liabilities
- Assisting in corporate reorganizations associated with sales and acquisitions
Providing new and/or foreign Employers with advice pertaining to union certification practices and the development of union avoidance strategies.
Our team of experts can provide you with guidance on the following:
- Advising Employers, including new and/or foreign Employers, on union certification practices and processes
- Providing Employers with assistance in the development and implementation of comprehensive union avoidance and communication strategies
