Our Labour and Employment team understands that workplace issues can be uncomfortable for all parties involved. You will benefit from their experienced assistance with all workplace issues, ensuring they can tackle any situation.
Areas of Labour and Employment Law
Terminations are stressful for both employers and employees. Our job is to help you make the process as smooth as possible. We provide employers with strategic guidance before conducting terminations including the preparation of termination letters and advice on severance packages to offer. Further, we will explore and inform you of any possible liabilities associated with the termination and explore possible terminations for cause. We will support you in conducting termination meetings, creating communication plans, and providing other advice where necessary.
We provide advice and direction on the legal implications associated with restructuring a workplace, ensuring that you are prepared for all obstacles and changes. Largely, our role includes review of constructive dismissal risks and preparation of contracts associated with restructured positions. We will also review and advise on labour relations implications, including those associated with Ontario Labour Relations Board proceedings.
We regularly advise on all matters within the jurisdiction of the Ontario Labour Relations Board, including certification applications and unfair labour practice complaints. We will advise you on communications with your employees during the certification process. Further, we pursue both Employment Standards Act (ESA) and Occupational Health and Safety Act (OHSA) appeals.
We are experienced in preparing, reviewing, and advising employers on new and existing workplace policies and procedures. We ensure that these are compliant with applicable legal requirements and that all policies are effective and manageable for employers.
We seek to proactively manage workplaces issues and will intervene and provide advice before they become grievances. However, often these issues may not be easily resolved and will proceed to the grievance stage after preventative measures have been attempted. In these situations, we will assist employers in defending against the grievance, up to and including the arbitration process when needed.
The collective bargaining process can be stressful, with many significant decisions to be made and just as many opinions. We advise and support the bargaining team on behalf of our clients throughout the entire process. This includes providing advice in relation to employee strikes or a lockout/work stoppage initiated by the employer.
We regularly advise employers in the possible legal implications associated with imposing discipline on their employees. Knowing this is an already difficult time, we seek to provide sound and supportive advice in the following:
- Suggested process for implementing discipline
- Drafting of discipline letters
- Advising on the appropriate level of discipline
We advise employers on the requirements of the Employment Standards Act, the Canada Labour Code, and all other statutory requirements to ensure that they are compliant and to prevent future workplace issues.
We assist with managing accommodation obligations and processes. Specifically, we advise clients on the possible Human Rights Code implications of decisions made with respect to workers or customers. We provide a thorough and experienced overview to best inform decisions going forward. Further, we are experienced in responding to human rights applications and representing clients before the Human Rights Tribunal of Ontario.
We support employers when responding to all forms of Workplace Safety and Insurance Act (WSIA) proceedings and requirements to ensure compliance. Where needed, we will represent and advocate for clients of the Workplace Safety Insurance Appeals Tribunal.
We are experienced in representing clients throughout the litigation process in employment-related matters. Litigation can be a daunting process- we get it. We will advocate for you in litigation matters including:
- Wrongful/constructive dismissal actions
- Enforcement of restrictive covenants
- Breaches of confidentiality or fiduciary duty
If you have been charged with an offence or offences under the Occupational Health and Safety Act, we can support you. We have provided support in cases of workplace accidents, fatalities, and other regulatory legislation.
We advise employers on general operational matters that may affect their workplace. We provide sound advice and support so that you can focus on the day-to-day. Our offerings in this area include, but are not limited to:
- Management of interpersonal conflict in the workplace
- Support of remote work arrangements
- Advising on employee medical restrictions
- Coordination of leaves of absence
- Implementation or adjustment of benefits plans
- Employee performance matters
We assist employers with the navigation and implementation of obligations under privacy legislation. This includes the Personal Information Protection and Electronic Documents Act and freedom of information legislation. We are experienced in representing clients in proceedings before the Information and Privacy Commissioner.
We provide strategic support on labour and employment considerations in the context of starting a new business or when purchasing or selling a business. Labour & Employment law is what we do. We are up to date on legal implications and can best prepare you for your new venture. Specifically, we can advise on the following:
- Employee equity plans
- Successor/related employer obligations
- Liabilities flowing to purchasers
- Continuing liabilities of vendors
We regularly assist clients in meeting obligations under privacy legislation. We support them in responding to freedom of information requests and represent them in privacy proceedings before the Information and Privacy commissioner.
To ensure a seamless and supportive environment, we actively advise clients in their implementation of accommodations for students with disabilities. Further, we provide advice regarding disciplinary measures, including suspensions and expulsions of students and/or staff. When needed, we will assist and represent Principals in associated suspension and/or expulsion hearings.
We provide industry-specific advice to undergraduate and postgraduate medical programs in Ontario. Specifically, we assist with accommodation supports under the human rights code and provide advice when needed in all disciplinary or regulatory matters. We are experiences in assisting and representing physicians or educational programs in administrative hearings.
Meet Our Labour and Employment Law Team
Our Labour and Employment Law team offers a wide range of legal services to help support businesses of all sizes.