Kelly Nicholson is the firm's Privacy Officer and Chair of the Calgary Labour + Employment Group. He advises private and public-sector clients on all aspects of the employment relationship, including employee recruitment, discipline and termination, wrongful dismissal claims, privacy matters, human rights complaints, disability and insurance issues, interpretation and enforcement of non-competition and confidentiality agreements, contract negotiation, policy development, benefit and incentive plan management, executive compensation, collective agreement interpretation and arbitration, and alcohol and drug testing. Kelly also regularly advises police services and other law-enforcement agencies throughout the province on various matters including policy development and implementation, public complaints, internal investigations, police discipline and termination, collective agreement negotiation, and grievance arbitrations.
Kelly has represented clients before a wide range of adjudicative bodies in Canada, including labour and employment arbitration panels, the Alberta Court of Queen’s Bench, the Alberta Court of Appeal, the Supreme Court of Canada, the Alberta Labour Relations Board, the Board of Reference, the Alberta Human Rights Commission, the Alberta Law Enforcement Review Board, and the Office of the Information and Privacy Commissioner.
Kelly is a veteran speaker at legal conferences and seminars, and he makes frequent presentations to clients, lawyers, and the public on privacy, policing, education, and employment law matters. He also regularly contributes articles to a variety of publications in the areas of privacy, employment, education law, and human resources.
Kelly clerked for the Chief Justice of the Saskatchewan Court of Appeal before being recruited by a national law firm, where he garnered valuable experience in commercial litigation matters.
Outside the Office
Kelly is an avid runner and climber in his spare time.
Calgary Bar Association
Canadian Bar Association
Law Society of Alberta
Law Society of Saskatchewan
Alberta Association of Chiefs of Police
A New Approach to the Reasonable Expectation of Privacy: R v Jarvis, 2019 SCC 10
Labour + Employment
Though it emerges in a criminal law context, the new decision of the Supreme Court of Canada in R v Jarvis, 2019 SCC 10 is likely to have an impact on future cases that consider the scope of an individual’s privacy interest, whether in the crimin...
February 6, 2019
2018 Year in Review for Northern Employers
Join Field Law for a review of the most important legal cases from 2018. Topics covered will include:
Occupational Health + Safety
This seminar will be broadcast live via ...
2018 A Year in Review Seminar Series
The Field Law Labour and Employment Group presents the annual Year in Review seminars in Calgary and Edmonton. Join us for legal updates and practical challenges for management and employee groups in the areas of:
October 24 + 30, 2018
Effective Responses to Sexual Misconduct and Harassment Complaints Workshop
An increasing number of organizations are being rocked by allegations of harassment and sexual misconduct by their employees. Often these allegations are broadcast on social media, catching organizations flat-footed and unprepared.
Join Field Law...
2017 Field Law Post-Secondary Summit Recap
Field Law held its second Post-Secondary Summit on November 30, 2017 in Calgary. Brief summaries of the presentations given at the Summit are provided below, followed by a directory of the lawyers in Field Law’s Post-Secondary Education Practice ...
November 30, 2017
2017 Field Law Post-Secondary Summit
Join us for our second annual summit to focus and collaborate on legal issues facing Alberta's post-secondary institutions.
Click here to view the brochure.
Click here to register.
Times They Are A Changin': Drastic Changes to Alberta's Work Laws Are Upon Us
The provincial government's new Fair and Family-Friendly Workplaces Act has introduced profound changes to Alberta's Employment Standards Code and Labour Relations Code. Some changes are already in effect, and some come into effect on January 1...
Terminated Employee Awarded Aggravated Damages for Employer's Conduct
Termination of employment can cause an employee a great deal of hardship. This is especially true when allegations of misconduct and insubordination are at play. The case of Lalonde v. Sena Solid Waste Holdings Inc, 2017 ABQB 374 cautions employers to ...
Government of Canada Suspends CASL's Private Right of Action Provisions
By Order in Council dated June 7, 2017, the federal government suspended the coming into force of the private right of action provisions under Canada’s Anti-Spam legislation (CASL), “in response to broad-based concerns raised by businesses,...
November - December 2016
Family Status Accommodation Seminars
CASL News: The CRTC Provides Long-Awaited Guidance on Implied Consent and the Assessment of Administrative Monetary Penalties
January - March 2016
Labour and Employment: 2015 Year in Review
Is your Workplace Toxic?
Supreme Court of Canada to Determine if the Canada Labour Code Grants Non-Unionized Employees a "Right to the Job"
February - March 2015
Labour and Employment: 2014 Year in Review
2013 Year in Review
2012 Year In Review
2011 Year in Review
2010 Year in Review
Facebook & Online Social Networking in the Workplace: What Human Resources Professionals Need to Know
2009 Year in Review
The Limits of the Private: Invasion of Privacy As A Common-Law Tort
Duty To Accommodate: Balancing the Employee’s Privacy Against the Employer’s Need to Know
Expanding Duties and Shifting Standards: Hill v. Hamilton Regional Police Services Board and the Tort of Negligent Investigation
Privacy and the Duty to Accommodate: Balancing the Employee's Privacy Against the Employer's Need to Know
2008 Year in Review
New Developments in Workplace Privacy & Surveillance
New Guidelines for the Use of Video Surveillance
The Duty to Accommodate Disabilities in the Workplace
Privacy & The Duty To Accommodate: Balancing the Employee’s Privacy Against the Employer’s Need to Know
New Guidelines for the Use of Video Surveillance
2007 Year in Review
The Year in Review - Part One
Current Workplace Issues - Fidler Sticks: Employee Awarded Damages for Loss of a "Psychological Benefit"