Labour + Employment Overview Experience People News + Views + Events Helpful Links Client Stories Field Law represents clients in labour, employment, immigration, privacy, human rights and occupational health and safety matters in Western Canada. Small to mid-sized companies, large public sector clients, post-secondary institutions and professional associations facing unionized and non-unionized workforce challenges have relied on Field Law for more than a century. We also serve federal sector employers with operations primarily in Alberta, throughout the western provinces and parts of Ontario.
Field Law develops tailored solutions for virtually every organizational, policy and dispute issue that will impact your workforce, with a strong emphasis on the following:
• Access to Information and Privacy
• Collective Agreements
• Employee Discipline and Termination
• Employment Agreements and Recruitment
• Executive Compensation
• Human Resource Policies
• Human Rights Claims
• Grievance Arbitrations
• Medical and Parental Leave
• Non-Competition / Non-Solicitation Agreements
• Occupational Health and Safety (OHS)
• Compensation and Overtime Issues
• Workers’ Compensation Appeals
• Wrongful Dismissal Litigation
• Workplace Investigations
We have extensive experience in assisting clients across numerous industries in a broad range of labour relations matters, including negotiating fair collective bargaining terms, interpreting existing collective agreements, forecasting and managing potential workforce challenges and navigating complex arbitration disputes. Our primary goal is to foster cohesive labour-management relationships that enable organizations to reach their goals unimpeded by avoidable conflict and risk.
In the contemporary work environment, employers must manage through sophisticated obstacles – economic downturns, harassment, management of sick leave and accommodation issues, medical marijuana in the workplace plus many more – and they turn to Field Law to develop proactive and cost-effective strategies that enable them to maintain an effective workforce while also minimizing risk. We create value for clients through seminars and training sessions featuring custom presentations on emerging trends and best practices, as well as annual reviews of critical legal developments.
Our clients often encounter legal and business challenges that extend beyond our core labour and employment practice. To ensure all their diverse needs are satisfied, we also provide the following focused services:
Business Immigration
Our business immigration team provides the full range of immigration and visa services for companies with international operations or global mobility programs, as well as families and individuals. We develop cost-effective solutions for business visitors, work permits, permanent residence and citizenship in Canada. Education
Our education law practice group is one of the largest in Alberta with deep experience in resolving labour relations matters concerning academic and non-academic staff, including discipline, grievances, human rights, disability management, collective bargaining and interest arbitration. Occupational Health and Safety (OHS)
Field Law is one of the only firms in Western Canada that provides the complete range of OHS solutions to companies, executives and safety professionals in high-risk industries. Our services include due diligence program development, 24-hour emergency response, OHS compliance and regulatory action defence. Pensions and Benefits
Our entire legal team – employment, trusts, tax, contracts, human rights, plus many more – collaborates with a vast network of non-legal financial and actuarial professionals to develop effective pensions and benefits plans and resolve related disputes. Police Law
We advise major municipal and regional police services and police oversight bodies on new developments in police law and law-enforcement policy. We also represent them in disputes before all levels of Court, as well as LERB panels, labour arbitration boards and human rights tribunals. Privacy
Our privacy law practice group provides a broad range of services to protect clients’ interests and strengthen customer relationships. Our services include privacy regulatory compliance in both the public and private sectors, developing employee and customer information management policies, auditing or assisting with Canada’s Anti-Spam Legislation (CASL) compliance, resolving disputes before courts and administrative agencies and conducting client training seminars on privacy trends and best practices. Professional Regulatory
We advise numerous professional regulatory colleges and organizations on a wide range of matters, including governance, legislative reform, registration, continuing competence, discipline, unauthorized practice, privacy, litigation and best practices training.
Gordon v. Aklavik (Hamlet), 1995 CanLII 3412 (NWT SC) The Municipal Corporation of the City of Yellowknife and A.B. and The Northwest Territories Human Rights Commission, 2018 NWTSC 50 Ashraf v. SNC Lavalin ATP Inc., 2017 ABCA 95 IJ v. Alberta (Law Enforcement Review Board), 2016 ABCA 234, Alberta Court of Appeal Alberta v. Suncor Energy Inc, 2016 ABQB 264 GH v. Edmonton (Police Service), 2016 ABLERB 006, Alberta Law Enforcement Review Board Buffalo Trail Public Schools Regional Division No 28 v. Alberta Teachers' Association, 2016 CanLII 85245 (AB GAA) Echavarria v. The Chief of Police of the Edmonton Police Service, 2016 AHRC 005, Alberta Human Rights Commission Engel v. Edmonton (Police Service) MacDonald v. Camrose (Police Service), 2014 ABLERB 055, Alberta Law Enforcement Review Board Heidebrecht v. M.N.R., 2013 TCC 113 MacDonald v. Chief of Police, 2013 CanLII 27265 (AB LERB) Summit Care Corporation (Calgary) Ltd. And Alberta Union of Provincial Employees, Health Care and Service Employees Union (CLAC), [2009] Alta L.R.B.R. LD-14, Alberta Labour Relations Board All Seniors Care Living Centres and Pevancie Group Staffing Ltd., Alberta Union of Provincial Employees, [2008] Alta L.R.B.R. LD 53, Alberta Labour Relations Award Bethany Care Society and Alberta Union of Provincial Employees (Clarke Grievance), (2008) 97 C.L.A.S. 20 (Francis), Alberta Grievance Arbitration Award Calgary Islamic School and The Alberta Teachers' Association, [2008] Alta. L.R.B.R. LD-8, Alberta Labour Relations Board David Thompson Health Region (Alberta Hospital Ponoka) and Alberta Union of Provincial Employees (Makus Grievance), [2007] A.G.A.A. No. 59 (Tettensor), Alberta Grievance Arbitration Award School Boards Employer Bargaining Authority v. The Alberta Teachers' Association, [2007] Alta. L.R.B.R. 240, Alberta Labour Relations Board Weston Bakeries Limited and Bakery, Confectionary, Tobacco Workers and Grain Millers International Union, Local 252, [2006] Alta. L.R.B.R. LD-30, Alberta Labour Relations Board Weston Bakeries Limited and Bakery, Confectionary, Tobacco Workers and Grain Millers International Union, Local 2 (Interpretation of COLA Clause), [2004] A.G.A.A. No. 20 (Elliott), Alberta Grievance Arbitration Award Woods Homes and Canadian Union of Public Employees (McQueen Grievance), [2003] A.G.A.A. No. 28 (Smith), Alberta Grievance Arbitration Award Burnco Rock Products Ltd. and General Teamsters, Local 362 (Beaton Grievance), [2002] A.G.A.A. No. 99 (Moreau), Alberta Grievance Arbitration Award Graham Construction and Engineering (1985) Ltd. And United Brotherhood of Carpenters and Joiners of America, Local No. 1325, [2001] Alta. L.R.B.R. 10, Alberta Labour Relations Board Relizon Canada Inc. and Communications, Energy and Paper Workers Union of Canada, Local 746, [2001] Alta. L.R.B.R. LD-49, Alberta Labour Relations Board Alberta Ballet Company and Canadian Actors' Equity Association, [2000] Alta. L.R.B.R. LD-23, Alberta Labour Relations Board Alberta Teachers' Assn. v. Moreau, [1999] A.J. No. 435, ABCA 128, Alberta Court of Appeal Avis Car Inc. and United Food and Commercial Workers, Local 401 (Villaverde Grievance), [1999] A.G.A.A. No. 59 (Jones), Alberta Grievance Arbitration Award Calgary Roman Catholic Separate School District No. 1 and the Alberta Teachers' Association, [1999] Alta. L.R.B.R. LD-82, Alberta Labour Relations Board Dynamex Canada Inc. and Miscellaneous Employees, Teamsters Local Union 987, [1999] Alta. L.R.B.R. LD-14, Alberta Labour Relations Board Dynamex Canada Inc. and Miscellaneous Employees, Teamsters Local Union 987, [1998] Alta. L.R.B.R. LD-6, Alberta Labour Relations Board Dynamex Canada Inc. and Miscellaneous Employees, Teamsters Local Union 987, [1998] Alta. L.R.B.R. LD-10, Alberta Labour Relations Board Dynamex Canada Inc. and Miscellaneous Employees, Teamsters Local Union 987, [1998] Alta. L.R.B.R. LD-14, Alberta Labour Relations Board Dynamex Canada Inc. and Miscellaneous Employees, Teamsters Local Union 987, [1998] Alta. L.R.B.R. LD-5, Alberta Labour Relations Board Sturgeon School Division No. 24 v. Rear, 1998 ABCA 293, Alberta Court of Appeal Alberta Teachers' Assn. v. Moreau, [1997] A.J. No. 540, Alberta Court of Queen's Bench Landry v. Holy Spirit Roman Catholic Separate School Division No. 4, [1997] A.J. No. 1091, Alberta Court of Appeal Alberta Teachers' Assn. v. Calgary School District No. 19, [1996] A.J. No. 867, Alberta Court of Queen's Bench Hempel v. Canada (Attorney General), [1996] F.C.J. No. 652, Federal Court of Appeal Master Mechanical Plumbing & Heating (1986) Ltd. And United Association of Journeymen and Apprentices of Plumbers and Pipefitting Industry of the United States and Canada, Local Union No. 496, [1997] Alta. L.R.B.R. LD-31, Alberta Labour Relations Board R. v. Collins, [1996] A.J. No. 1045, Alberta Provincial Court Re Calgary Roman Catholic Separate School District No. 1 (MacDonald Grievance), (1996) 68 L.A.C. (4th) 1 (Sims), Alberta Grievance Arbitration Award Moore and Saddle Lake Education Authority, [1995] C.L.A.D. No. 547 (Anderson), Canada Labour Code Adjudicator Re Board of Trustees of Calgary Board of Education (Insurance Policy Grievance), [1995] Alta. G.A.A. 95-091 (Hawco), Alberta Grievance Arbitration Award Re Board of Trustees of Calgary Board of Education (Aizenman Grievance), (1994) 46 L.A.C. (4th) 353. (Moreau), Alberta Grievance Arbitration Award Yagos v. Crowsnest Pass School Division No. 63, [1994] A.J. No. 379, 19 Alta. L.R. (3d) 287(Q.B. Bd of Ref), Alberta Court of Queen's Bench Dant Industries Limited, [1988] OLRB Rep. November 1149, Ontario Labour Relations Board Winter 2019 2018 A Year in Review Seminar Series Seminars 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:
Part 1:
Human Rights
... February 2019 Squaring the Circle or Levelling the Playing Field? Alberta’s New OHS Regime Seminars CPHR Alberta On June 1, 2018 the Alberta Legislature changed occupational health and safety law history. The legislative changes to the Act, Regulations and Code changed the legal landscape in material ways, some of which are in tension with other legisla... February 2019 The #metoo Movement and Interim Measures Workwise Newsletter Ryerson University v Ryerson Faculty Association, 2018 CanLII 111683In Ryerson University and Ryerson Faculty Association, a recent case out of Ontario, an arbitrator was asked to consider the appropriateness of interim measures imposed on an employee ... February 6, 2019 2018 Year in Review for Northern Employers Seminars Join Field Law for a review of the most important legal cases from 2018. Topics covered will include:
Labour
Employment
Human Rights
Occupational Health + Safety
Privacy
Immigration
Cannabis
This seminar will be broadcast live via ... January 2019 #metoo - What's an Employer To Do and Not To Do? Seminars CPHR Alberta Leanne Monsma discussed what employers should do, as well as what employers are obligated to do, when they receive complaints of sexual harassment. January 2019 Mitigating Employer Liability and Encouraging Workplace Safety Post-Cannabis Legalization Conferences The Canadian Institute - Managing Risk in Construction Contracts & Projects January 2019 The Long And Winding Road To Accommodation - How Long Is Too Long? Workwise Newsletter Ontario English Catholic Teachers’ Association v Hamilton-Wentworth Catholic District School Board, 2018 CanLII 90730After a lengthy period of time off work, a school board failed to accommodate a teacher with their return to work within a suitab... December 2018 'Tis the Season: Holiday Parties + Employer Obligations Workwise Newsletter The holiday season has arrived, and with it many employers will celebrate the year with their staff. To ensure that everyone has a safe and joyous time, employers should keep in mind their obligations to employees and guests who attend office parties o... November 2019 Precise Language Needed to Override Reasonable Notice Workwise Newsletter It is fairly common for a written employment agreement to seek to limit an employee’s termination notice to the minimum amount prescribed under employment standards legislation. However past case law suggests that doing so may be more difficult t... November 2018 Buildex Calgary Seminar Talks Cannabis in the Workplace Journal of Commerce November 2018 Court Upholds Decision to Allow Post-Incident Drug and Alcohol Testing After Near Miss Canadian Employment Law Today October 2018 Court Upholds Decision to Allow Post-Incident Drug and Alcohol Testing After Near-Miss Workwise Newsletter October 24 + 30, 2018 Effective Responses to Sexual Misconduct and Harassment Complaints Workshop Seminars 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... October 3 + 10, 2018 Cannabis in the Workplace: Implications for Employers Seminars Recreational cannabis will be legal in Canada on October 17, 2018.
Join Field Law’s Labour and Employment Group for a detailed, scenario-based half-day workshop providing practical advice and useful tips to prepare your organization for situat... September 2018 Punitive and Aggravated Damages – Exceptional but Necessary Remedies Workwise Although traditionally punitive and aggravated damages were deemed as exceptional remedies, the Courts have turned to these remedies to assist employees where the employer’s actions may be deemed as high-handed and spurious. September 2018 Minimum Wage Increases in Alberta Workwise As of October 1st, the Alberta’s minimum wage increase will finally come into effect, bumping the minimum wages from $13.60 to $15 per hour.
According to a report released by Public Interest Alberta, more than 300 000 Albertans will be getting... September 2018 The Best Lawyers in Canada 2019 28 Field Law Lawyers Recognized Field Law is proud to announce that 28 of our lawyers have been included in the 13th edition of The Best Lawyers™ in Canada. These lawyers have been recognized in 17 service areas, resulting in a total of 36 rankings.Among the 28 Field Law l... August 2018 'Clearly Separate': Workplace Sexual Misconduct Not Captured by Employment Release Canadian Employment Law Today August 2018 “Clearly Separate”: Workplace Sexual Misconduct Not Captured by Employment Release Workwise Newsletter July 2018 Cannabis Complicates Crossing the Border Workwise Newsletter July 2018 HRTO Finds Exemptions in Human Rights Code Unconstitutional Workwise Newsletter July 2018 Legal Cannabis: Coming to Canada on October 17, 2018 Countdown to Cannabis Legislation June 2018 #metoo: What’s an Employer To Do and Not To Do? Seminars DisruptHR Leanne Monsma discusses what employers should do, as well as what employers are obligated to do, when they receive complaints of sexual harassment. June 5, 2018 Cannabis in the Workplace - Implications for Northern Employers Seminars What Northern Employers Need to Know About Cannabis in the Workplace
Join Field Law’s Labour and Employment Group for a detailed, scenario-based half-day workshop providing practical advice and useful tips to prepare your organization for situ... May 2018 Skip the Investigation and Risk Punitive Damages Workwise May 23, 2018 The New Alberta OHS Act: More Roles, More Obligations + Many More Pitfalls Workshop Join Field Law for a comprehensive half-day workshop that will prepare you for the upcoming changes to the OHS Act.
On June 1, serious changes are coming to Alberta’s occupational health and safety law. Already an onerous regulatory regi... April 11-12, 2018 HR Undefined 2018 Conferences HR Undefined is CPHR Alberta’s largest annual event. It provides an environment where you can learn solutions to HR challenges through professional development and networking with Alberta’s HR pros. In April 2018, Human Resources and busine... Spring 2018 Cannabis in the Workplace: A Few Things Employers Might Get a Taste of Aboriginal Business Quarterly March 2018 Cannabis in the Workplace: A Few Things Employers Might Get a Taste of Countdown to Cannabis Legislation Winter 2018 2017 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:
Occupational Health and ... February 2018 Protection From Discrimination in Employment – To Infinity and Beyond Workwise Newsletter February 2018 Jail for OHS Offences? Yes - Even if the OHS Prosecutor Didn’t Ask For it! Workwise Newsletter December 12 If You Haven't Heard About the Upcoming Changes to the Alberta Employment Standards Regulation, You Need to Read This! Workwise Newsletter December 2017 R v Jarvis: Is There a Reasonable Expectation of Privacy in Schools? Workwise Newsletter December 2017 Employment Standards Code Changes are Effective January 1: Are You Ready? Workwise Newsletter November 2017 Bill 30 Overhauls Alberta's Occupational Health and Safety Act October 2017 Failure to Investigate Not Fatal to Just Cause Termination Workwise Newsletter October 2017 Times They Are A Changin': Drastic Changes to Alberta's Work Laws Are Upon Us Seminars 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... October 2017 What Evidence is Required to Implement Random Drug and Alcohol Testing Policies in Safety Sensitive Workplaces? September 2017 Without Prejudice: An Invisibility Cloak for a Mature World Workwise Newsletter August 2017 The Best Lawyers in Canada 2018 25 Field Law Lawyers Recognized
25 Lawyers from Field Law Recognized in The Best Lawyers™ in Canada 2018
Field Law is pleased to announce that 25 lawyers have been included in the 12th Edition of The Best Lawyers™ in Canada. Three of these lawyers are new additions a... August 2017 Terminated Employee Awarded Aggravated Damages for Employer's Conduct Workwise July 2017 How Key is the Employee? Identifying When an Employee is a Fiduciary Workwise July 2017 Alberta’s Highest Court Clarifies OHS Law: Privilege Must Be Proven Labour and Employment Alert June 2017 Certain Earnings During Notice Period Not Considered Mitigation Workwise June 2017 Update on Bill 17: The Fair and Family-friendly Workplaces Act Workwise Newsletter June 2017 Case Update for Styles v. Alberta Investment Management Corporation Workwise Newsletter May 2017 Province Announces New Partnership with Police to Investigate Serious Workplace Safety Incidents Workwise February 2017 Alberta Law Clarified on Scope of Good Faith in Contract and Incentive Pay Eligibility Workwise Newsletter February 2017 5 Tips to Avoid Constructive Dismissal Claims Workwise February 2017 Recent Changes in Canadian Immigration Law and Policy Seminars December 2016 The Time of Year for Holiday Cheer: A Few Things for Employers to Keep in Mind November - December 2016 Family Status Accommodation Seminars November 2016 CASL News: The CRTC Provides Long-Awaited Guidance on Implied Consent and the Assessment of Administrative Monetary Penalties November 2016 The Resignation Trap: Avoiding Unwanted Consequences When an Employee Resigns September 2016 Alberta's Minimum Wage is on the Rise August 2016 Canada Labour Code Clarified: Supreme Court Rules That Non-Unionized Employees Can Only Be Dismissed with Cause August 2016 Employer-Doctor Relationship: Obtaining and Responding to Medical Information June 2016 New Essential Services Legislation Now In Force June 2016 Clarifying Irving: Can an Alberta Employer Implement a Random Drug and Alcohol Testing Policy in a Safety Sensitive Workplace? June 2016 Crime and Punishment: Workplace responses when employees face criminal charges June 2016 From Conflict to Calm: Dealing with High-Conflict Behaviour in the Workplace: Questions and Legal Issues about Workplace Conflict May 2016 Sit Back and Relax - Is there a Duty to Mitigate after Termination of a Fixed-Term Contract? May 2016 Medical Marijuana: Workplace Implications for Drug Testing, Zero Tolerance and Accommodation March 2016 Dependent Contractors Awarded 26 Months' Reasonable Notice January - March 2016 Labour and Employment: 2015 Year in Review March 2016 Human Rights: 5 Top Cases from 2015 February 2016 Workplace Harassment: Best Practices for Employers January 2016 Gender Identity and Gender Expression Are Now Prohibited Grounds of Discrimination Under The Alberta Human Rights Act October 2015 Occupational Health & Safety October 2015 Harassing Comments Are No Joke: Employer Ordered to Pay Employee $7,500 October 2015 Is your Workplace Toxic? October 2015 Is your Workplace Toxic? October 2015 Is your Workplace Toxic? October 2015 Is your Workplace Toxic? October 2015 Traps and Tools: School Administration and the Legalities of Bullying October 2015 Is your Workplace Toxic? September 2015 October 2015 Brings Key Upcoming Employer Obligations:
Minimum Wage Increases and Federal Election Responsibilities September 2015 Temporary Foreign Worker Program - Best Practices When Using the Program as a Temporary Solution September 2015 Determining Reasonable Notice: Is Character of Employment a Less Important Factor? July 2015 When is an Employee’s Disability a Factor in his Dismissal? July 2015 Supreme Court of Canada to Determine if the Canada Labour Code Grants Non-Unionized Employees a "Right to the Job" July 2015 Canada Labour Code Does not Grant Non-Unionized Employees a "Right to the Job" July 2015 Porter Airlines Pays $150,000 for Alleged Violations of Canada's AntiSpam Legislation (CASL) June 2015 Hard Hitting Damage Awards: The Reasons Behind the Climbing Numbers May 2015 Alberta Legislation Curtailing the Right to Strike is Struck Down May 2015 Workforce Strategies During the Economic Downturn May 2015 Workforce Strategies During the Economic Downturn May 2015 Workforce Strategies During the Economic Downturn April 2015 "Full and final settlement of any and all claims" – not so, says the Alberta Human Rights Tribunal April 2015 Competing After Employment (Part One) The Medium March 2015 "Employed" in Name Only - An Employer’s Duty to Provide Work February - March 2015 Labour and Employment: 2014 Year in Review February - March 2015 Labour and Employment: 2014 Year in Review February - March 2015 Labour and Employment: 2014 Year in Review March 2015 Workforce Strategies During the Economic Downturn February - March 2015 Labour and Employment: 2014 Year in Review February - March 2015 Labour and Employment: 2014 Year in Review February - March 2015 Labour and Employment: 2014 Year in Review February - March 2015 Labour and Employment: 2014 Year in Review February - March 2015 Labour and Employment: 2014 Year in Review February 2015 Essential Services and Essential Rights: Saskatchewan Federation of Labour and the New Constitutional Right to Strike January - February 2015 Labour and Employment: 2014 Year in Review January - February 2015 Labour and Employment: 2014 Year in Review January 2015 Court of Appeal of Alberta Upholds Employers Anton Piller Order December 2014 Commercial Contracts Include an Implied Duty of Good Faith November 2014 Jian Ghomeshi Withdraws Lawsuit Against Former Employer, the CBC November 2014 Jian Ghomeshi’s Lawsuit and the Current State of the Law on Civil Claims by Unionized Employees November 2014 Terminating Fixed-Term Contracts on Your Terms November 2014 Reinstatement Available as a Remedy Nearly Ten Years After Last Day Worked November 2014 Labour, Employment and WCB November 2014 The Prime Contractor in OHS Law October 2014 Duty to Accommodate Obligations in relation to Medical Education October 2014 Family Status and Employment - Developing Human Rights at the Workplace October 2014 Managing Technology and Social Media Use at the Workplace – Upstream and Downstream Solutions October 2014 Legal Perspectives on Safety Culture August 2014 Clarifying the Legal Test for "Family Status" Discrimination: Federal Court of Appeal Rules Employers Discriminated by Failing to Accommodate Employees’ Childcare Needs August 2014 Wal-Mart Could Not Thaw the "Statutory Freeze" by Closing its Store July 2014 Double-Decker Damages: Employer Liability for Aggravated Damages Arising from Workplace Harassment June 2014 DSM-5: Recognizing and Accommodating New and Controversial Illnesses June 2014 Workplace Harassment: Investigation, Discipline, Compensation June 2014 OHS Update (Including New Administrative Penalties and Tickets) May 2014 Contingent Workforce: Winning Hearts and Minds at Arm's Length April 2014 Alberta Arbitration Board Rules Random Drug and Alcohol Testing Unreasonable March 2014 Reasonable Notice and the Older Worker March 2014 2013 Year in Review March 2014 2013 Year in Review March 2014 The Duty to Accommodate March 2014 2013 Year in Review March 2014 2013 Year in Review March 2014 2013 Year in Review March 2014 2013 Year in Review March 2014 2013 Year in Review March 2014 2013 Year in Review March 2014 2013 Year in Review March 2014 Celebrating 45 Years of Excellence March 2014 2013 Year in Review February 2014 Injunction Granted: Public Service Salary Restraint Act "Guts the Bargaining Process" February 2014 Headhunter Discriminates in Hiring; Employer Found Liable January 2014 "You Compete Me" - Will the Courts Love Your Company’s Restrictive Covenants for Employees as Much as You Do? 2014 A look back at book V of the Report of the Royal Commission on Bilingualism and Biculturalism What progress has been made in the provision of provincial and municipal services in the federal capital? In R. Clément and P. Foucher, eds., Fifty years of official bilingualism: Challenges, analyses and testimonies (Ottawa: Invenire, 2014) at 85 (with Mark Power and Perri Ravon) 2014 The French Language Services Act at 25 Years: Comments and Proposals [translation], 39 Revue du Nouvel-Ontario 11 with Mark Power and François Larocque December 2013 Supreme Court Rejects "Double Dipping" Pension Benefits Argument By Employer December 2013 Supreme Court of Canada Upholds Union’s Right to Freedom of Expression 2009 - 2013 Labour Law (LAW 555) November 2013 Supreme Court of Canada Declares Alberta’s Personal Information Protection Act Unconstitutional November 2013 A Lovely Review of Employment Contract Principles November 2013 Festivus for the Rest Of Us?: Celebrating the Holidays in a Multicultural Workplace August 2013 Employee Relief Causes Employer Grief: The ability to perform employment-related duties is an integral part of an employment contract August 2013 Employee Relief Causes Employer Grief July 2013 If The Whistle Sounds, Is a Penalty Coming? - Alberta's New Whistleblower Legislation June 2013 Supreme Court Speaks On Random Alcohol Testing June 2013 Family Status Accommodation May 2013 A Catch to a Release May 2013 Recent Alberta Court of Queen's Bench Decision Finds that Grievance Process Communications are Privileged May 2013 Family Status Accommodation March 2013 Legislative Update: A Primer on the Recent Changes to Alberta's Occupational Health and Safety Act March 2013 Key Employment Law Issues to Ensure Compliance with a Foreign Workforce March 2013 Overview of the Latest in OH&S Legislation and More February 2013 Update on Family Status Accomodation: Federal Court Finds that Childcare Not a "Choice" February 2013 A Win for Employers: Greater Obligations on Some Departing Employees January 2013 The Many Benefits of a Good Termination Clause January 2012 A Potpourri of Access Orders: Practical Guidance in Responding to Access Requests January 2013 Recent Developments in Construction, Labour Relations, and Occupational Health & Safety in Alberta, Canada January 2013 2012 Year In Review January 2013 2012 Year In Review January 2013 2012 Year In Review January 2013 2012 Year In Review January 2013 OHS Law 101: Due Diligence & Creating a Culture of Safety December 2012 Alberta Court of Appeal Maintains Injunction Postponing Random Drug Testing December 2012 Privacy Breaches Can Be a One-Two Punch for Employers: Arbitrator Awards Damages for Employee Credit Checks that Breached Privacy Legislation December 2012 Labour Rights (panelist) November 2012 Navigating the Two-Way Street of Workplace Accommodation October/November 2012 Employment Litigation 2.0 - Evidence in the Age of Social Media November 2012 OHS Law and Industrial Relations October 2012 Supreme Court of Canada Decision Demonstrates the Importance of Workplace Computer Policies October 2012 Key Employment Law Issues to Ensure Compliance with a Foreign Workforce September 2012 Rejection of Rand Formula - Bargaining in Bad Faith in Alberta? September 2012 Round Table Discussion: Definitions and Dilemmas: Current FOIP Concerns Seminars August 2012 Family Status Accomodation August 2012 Protection of Vulnerable Workers in Alberta July 2012 Alberta Privacy Commissioner Issues Report on Privacy Breaches June 2012 Click With Caution: What Employers Should Know Before Conducting Social Media Background Checks on Prospective Employees May 2012 Understanding Bill C45 May 2012 Dealing with Difficult People: Surviving Bullying Bosses, Coping with Cranky Co-Workers, and Creating a Respectful Workplace April 2012 Termination Practices April 2012 Creating the Paper Trail: Investigating and Documenting Worker Disciplinary Processes March 2012 Another Brick in the Wall: Arbitrator Upholds Discharge for Offensive Facebook Postings March 2012 Safety without Borders? Let's Hope Not. February 2012 Drawing Lines in the Virtual Sand: Tips You Can Use for Developing Effective Computer use Policies in the Workplace February 2012 Bad Faith Damages in the Manner of Dismissal February 2012 2011 Year in Review February 2012 2011 Year in Review February 2012 Legal Update Work Stoppages February 2012 2011 Year in Review February 2012 2011 Year in Review January 2012 Intrusion Upon Seclusion: Ontario Recognizes Tort for Invasion of Privacy - Will Alberta Follow Suit? November 2011 Family Status Accommodation November 2011 Dealing with Bullying Bosses: How Management Can Control Them October 2011 Alberta Court Declares PIPA Sections to be Unconstitutional in Picketing Matter October 2011 What Every HR Professional Should Know About Alberta's OHS Legislation August 2011 Managing Your Duty to Accommodate June 2011 The BVH Syndrome: Bullying, Violence and Harassment June 2011 Investigating Violence and Harassment Complaints May 2011 Appeal Court Opines on Expectation of Privacy in the Workplace April 2011 The Alberta Court of Appeal Narrows the Definition of "Employer" Under the Alberta Human Rights Act April 2011 Legal Issues for School Administrators - Bullying April 2011 Selected Topics in Employment Law April 2011 OHS Panel Discussion - Alberta Prime Time (Access TV) April 2011 Proactive Employment Strategies April 2011 Road Rage and Fist Fights: Emerging Issues in Occupational Health & Safety March 2011 Proactive Employment Strategies March 2011 Occupational Health & Safety Law February 2011 Aggravated Damages in Employment Law February 2011 2010 Year in Review February 2011 2010 Year in Review February 2011 2010 Year in Review February 2011 What Everyone Needs to Know About OHS Law Winter 2011 The Ties That Bind: An Employer’s Guide to Accommodating Family Obligations in the Workplace Winter 2010 Limits on Damage Awards: The Alberta Court of Appeal Weighs In November 2010 Family Status Accommodation: Attaining Work Life Balance? June 2010 Employee Criminal Record Checks June 2010 Facebook: What Employers Need to Know
About Workplace Privacy, Discipline &
Dismissal June 2010 You Raise the Issue - Human Rights vs. Human Safety June 2010 Accommodating Work-Life Balance June 2010 Alberta Introduces Mandatory Privacy Breach Notification June 2010 Terminations in a Unionized Setting June 2010 New Evidentiary Issues in Cases Involving Computers, Social Media and the Internet May 2010 Impact of Union Representation Clauses in Alberta May 2010 Violence in the Workplace April 2010 Alberta Government Reconsiders OHS Enforcement after Auditor General’s Critique Spring 2010 New - Changes to PIPA April 2010 Dealing with the Workforce During the Economic Downturn April 2010 Leave Issues: Employment Standards Code in Alberta April 2010 Overview of HR Issues for School Principals March 2010 Employment Contracts February 2010 Workplace Violence: A Chemical Explosion of Another Kind February 2010 Privacy Law: Public Health - Health Information Seminars January 2010 2009 Year in Review January 2010 2009 Year in Review January 2010 2009 Year in Review January 2010 2009 Year in Review November 2009 Wal-Mart Wins This Round Fall 2009 You Raise the Issue - Negotiating Employment Agreements Fall 2009 Current Workplace Issues - Violence October 2009 Multiple Births - An EI Claim for Each Parent? October 2009 Dealing with the Workforce During the Economic Downturn October 2009 Dealing With Your Workforce in Times of Economic Uncertainty October 2009 Dealing With Your Workforce in Times of Economic Uncertainty September 2009 Constructive Dismissal Claims: Has the Standard Changed in the New Economy? August 2009 Duty To Accommodate: Balancing the Employee’s Privacy Against the Employer’s Need to Know July 2009 Case Update: Rare Alberta OHS Acquittal July 2009 HIV/AIDS Reporting June 2009 A Reason Not to Pay Overtime Special Privacy Edition, Summer 2009 Current Workplace Issues - Video Surveillance Special Privacy Edition, Summer 2009 Biometric Technology in the Workplace: Preventing "Buddy Punching" Special Privacy Edition, Summer 2009 You Raise the Issue - Promotion Assessment June 2009 Bill 52: Amendments to Alberta's Health Information Act May 2009 The Impact of Influenza A (H1N1) Virus In The Workplace May 2009 Techniques to Minimize Liability During Terminations May 2009 Re-Balancing Employers’ Rights - Workplace Strategies for 2009 Economic Downturn Special Edition Considerations for Revising Employment Contracts As An Alternative to Terminations Economic Downturn Special Edition Notice Periods in a Recession Economic Downturn Special Edition Human Resources in Times of Economic Uncertainty April 2009 Re-Balancing Employers’ Rights - Workplace Strategies for 2009 April 2009 Employee Leave Issues (Seminar on the Employment Standards Act in Alberta) April 2009 Leave Issues: Employment Standards Code in Alberta March 2009 Hiring Practices & Downsizing February 2009 2007 Year in Review February 2009 2008 Year in Review January 2009 "Metropolitan City of Vancouver" Found to be Uncertain and Ambiguous - Supreme Court of Canada Rules on Non-Competition Agreement 2009 Privacy and the Duty to Accommodate: Balancing the Employee's Privacy Against the Employer's Need to Know January 2009 Alberta Human Rights Panel Decisions January 2009 Labour Law - Year in Review January 2009 2008 Year in Review January 2009 Violence Prevention in the Work Place: Canada's New Federal Regulations November 2008 Labour and Employment Issues Fall 2008 Honda Canada v. Keays at the SCC: Rethinking Compensation for the Manner of Dismissal Fall 2008 Current Workplace Issues - Accommodating Family Status October 2008 The Duty to Accommodate October 2008 Minimize Your Risk Exposure to Wrongful Dismissal Suits in a Non-Unionized Environment September 2008 New Guidelines for the Use of Video Surveillance August 2008 The Duty to Accommodate Disabilities in the Workplace Spring 2008 You Raise the Issue - Changing Employees Contracts Spring 2008 The Supreme Court Limits Procedural Fairness in the Context of Public Employment Spring 2008 Current Workplace Issues - Drug Testing - The Current State of the Law June 2008 Accommodating Family Status In The Workplace June 2008 Panel Chair - Accommodating Family Status in the Workplace May 2008 Employers' Group Can't Compel Multi-unit Bargaining at one Table May 2008 New Guidelines for the Use of Video Surveillance May 2008 Legal Issues Surrounding Employee Retention and Knowledge Protection April 2008 Managing Risk and Discharging Safety Obligations February 2008 "Cross-Canada Update: Increases in Damages and Penalties." Proactive Risk Management in the Workplace: Harassment, Cyberventing, Violence, Fraud, High Risk Terminations, Class Actions February 2008 Managing an Aging Workforce: Avoiding Charges of Age Discrimination with the End of Mandatory Retirement February 2008 2007 Year in Review February 2008 Cross-Canada Update: Increases in Damages and Penalties February 2008 Managing an Aging Workforce: Avoiding Charges of Age Discrimination with the End of Mandatory Retirement February 2008 Proactive Risk Management in the Workplace: Harassment, Cyberventing, Violence, Fraud, High Risk Terminations, Class Actions February 2008 Risk Management in the Workplace February 2008 Western Canadian Forum on Employment Law - Managing Non-Union Employees in a Booming Economy February 2008 2007 Year in Review January/February 2008 The Year in Review - Part One Fall 2007 Current Workplace Issues - Fidler Sticks: Employee Awarded Damages for Loss of a "Psychological Benefit" Fall 2007 Assigning Work to Disabled Employees Across Collective Bargaining Lines Fall 2007 You Raise the Issue - Non-Competitive Agreements September 2007 "Managing Labour Relations: Successfully Working with the Union." Legal and Human Resource Guide to Employing Foreign Workers September 2007 Managing Labour Relations: Successfully Working with the Union July 2007 OHS - Prime Contractor Principles Spring/Summer 2007 Overtime - Not What it Used to Be Spring/Summer 2007 Current Workplace Issues - Inducing Employees June 2007 Difficult Issues in Arbitration June 2007 Update on the Duty to Accommodate for Workers with Disabilities March 2007 Negotiating and Executing Settlement Agreement February 2007 "Accommodation to the Point of Undue Hardship: Cases Where the Employer Met its Duty?" Advanced Issues in Duty to Accommodate February 2007 Accommodation to the Point of Undue Hardship: Cases Where the Employer Met its Duty? February 2007 When Enough is Enough! Accommodation Cases When Undue Hardship February 2007 The Year in Review - Part 2 2007 Update on the Duty to Accommodate for Workers With Disabilities November 2006 OHS Information and Training Seminar Fall 2006 Dress Codes Uncovered Fall 2006 Current Workplace Issues - Drug Testing Policies Fall 2006 You Raise the Issue - Wrongful Dismissal Damages September 2006 Managing Labour Relations: Successfully Working with the Union August 2006 Accommodating Employees with Drug and Alcohol Problems August 2006 Accommodating Employees with Drug and Alcohol Problems June 2006 Violence in the Workplace and Working Along May 2006 Pandemic: Planning for Legal Risk Spring 2006 You Raise the Issue - Employee Insurance Information Disclosure Spring 2006 Supreme Court of Canada Decision on "Whistleblowers" Spring 2006 Current Workplace Issues - Drug Testing and Duty to Accommodate February 2006 Undue Hardship - Where Are We Now? November 2005 Mandatory Retirement Fall 2005 You Raise the Issue - Employee Appearance and Reasonable Notice Fall 2005 Blogging and the Workplace Fall 2005 Current Workplace Issues - Court Awards Wrongfully Dismissed Employee June 2005 The Modern Method of Collective Agreement Interpretation - Is it the Traditional Method in a New Dress? Co-Author: Jacqueline Klym Laviolette June 2005 Violence in the Workplace June 2005 The Modern Method of Collective Agreement Interpretation – Is it the Traditional Method in a New Dress? Spring 2005 Amendments to the Criminal Code All Directors and Employers Should Know About Spring 2005 The Alberta Governments Provincial Nominee Program - Employer Advantage Spring 2005 You Raise the Issue - Resigning without Providing Advance Notice Spring 2005 Current Workplace Issues - When Has an Employee Resigned? Spring 2005 Update on Mugford v. Weber March 2005 OHS - Right to Refuse Work March 2005 Chair - Wrongful Dismissal Update (Edmonton) February 2005 The Year in Review - Edmonton February 2005 Chair - Wrongful Dismissal Update (Calgary) 2005 An Update on Remedies for Wrongful Dismissal 2005 Police Experience with the Health Information Act: The Edmonton Police Service's Submissions to the Select Special Health Information Act Review Committee The Edmonton Police Service's Submissions to the Select Special Health Information Act Review Committee 2005 Update on Remedies for Wrongful Dismissal 2005 Update on Wrongful Dismissal Fall 2004 Considerations for Employers with Company Vehicles Fall 2004 Are Temporary Short-Term Medical Conditions Protected Under Alberta Human Rights Legislation June 2004 Personal Appearance in the Workplace: Considerations for Employees May 2004 Employment Hot Issues April 2004 Safety Policies and Procedures - Occupational Health and Safety Update February 2004 New Privacy Legislation: Workplace Implications – The Employer's Perspective 2004 Personal Appearance in the Workplace: Considerations for Employers Winter 2004 Bill C-45 & Criminal Liability Winter 2004 The New Occupational Health and Safety Code - Bill C-45 Winter 2004 You Raise the Issue - Occupational Health and Safety Code November 2003 Employee Relations November 2003 Employee and Labour Relations Fall 2003 Bill 44, The Personal Information Protection Act - Private Sector Privacy Legislation Fall 2003 You Raise the Issue - Privacy Principles and Business Transactions Fall 2003 Privacy In Employment August 2003 When a Teacher Needs a Lawyer May 2003 Drug and Alcohol Testing in the Workplace April 2003 What to Do in the Event of a Work Site Accident April 2003 Drug and Alcohol Testing in the Workplace Spring 2003 Drug & Alcohol Testing in the Workplace Spring 2003 Marital and Family Status Discrimination: A New Definition February 2003 Breakfast Grille February 2003 Business at Breakfast - Breakfast Grille - Q&A Session November 2002 Business at Breakfast - Occupational Health and Safety Update November 2002 Occupational Health and Safety Update November 2002 Occupational Health and Safety Update October 2002 Presentation On Occupational Health & Safety September 2002 Liability of Employers and Supervisors in the Event of a Worksite Accident - Edmonton, Alberta Summer 2002 Who Owns an Idea? - Current Workplace Issues Summer 2002 You Raise the Issue - Fixed Term Contracts Summer 2002 Great Employee - Bad Manager April 2002 Liability of Employers and Supervisors in the Event of a Worksite Accident April 2002 Liability of Employers and Supervisors in the Event of a Worksite Accident - Red Deer, Alberta Spring 2002 Avoiding the Loss of Employee Training Investments Spring 2002 Restrictive Covenants Spring 2002 You Raise the Issue - Termination Notice and Holding Positions for Maternity Winter 2001 You Raise the Issue - Rules for Employees Working Alone Winter 2001 Sexual Harassment Policy Can Save Employers Money Winter 2001 Current Workplace Issues - Update on the Privacy of Information in the Workplace December 2001 Dealing Effectively with the Occupational Health & Safety Act and Other Employment Liabilities June 2001 Dealing Effectively with the Occupational Health & Safety Act and other Employment Liabilities Summer 2001 You Raise the Issue - Legal Restrictions When Hiring Employees Summer 2001 Double Dipping: Court Allows Damages and Disability Benefits Summer 2001v Current Workplace Issues - Just Cause and the Dishonest Employee Spring 2001 Current Workplace Issues - Career Transition Counseling March 2001 You Raise the Issue - Wrongful Dismissal Spring 2001 Monitoring Employee Internet and E-Mail Use February 2001 Dealing with the Chronically Absent Employee: Proactive Strategies Winter 2000 Drug and Alcohol Testing in the Workplace Winter 2000 Current Workplace Issues - Bullying Winter 2000 You Raise the Issue - Insubordination and Overtime Pay with Termination November 2000 Remedies in Wrongful Dismissal Litigation: Recent Developments November 2000 Recent Developments in the Duty to Accommodate November 2000 Remedies in Wrongful Dismissal Litigation: Recent Developments November 2000 Remedies Under the Canada Labour Code for Unjust Dismissal Fall 2000 Privacy of Information in the Workplace Fall 2000 Current Workplace Issues - Provincial Employment Standards and Maternity Benefits Fall 2000 You Raise the Issue - Constructive Dismissal August 2000 Legal Issues Arising from Workplace Violence June 2000 Violence in the Workplace: An Employer's Duty to Protect its Workers June 2000 Chair - Current Issues of Employment Law for HR Professionals and Corporate Counsel June 2000 Legal Issues Arising from Workplace Violence June 2000 Violence in the Workplace: An Employer's Duty to Protect its Workers May 2000 The Departing Senior Executive May 2000 Drug and Alcohol Testing - The Latest Word May 2000 Recovery of Training Costs by Employers Spring/Summer 2000 You Raise the Issue - Minimum Wage and Employee Theft May 2000 Drug and Alcohol Testing - The Latest Word May 2000 The Departing Senior Executive Spring/Summer 2000 Workers Compensation Act - Prohibits Legal Proceedings Against Employers Covered by the Act April 2000 Looking for a Message in a Bottle - Substance Abuse and Testing in the Workplace March 2000 Avoiding Wallace Damages - The Case for Soft Departures February 2000 Trends in Unionization Winter 2000 You Raise the Issue - Short Term and Long Term Disability Differences and Disabled Employee During Termination Period Winter 2000 Can Employers Immunize Themselves Against Human Rights Complaints? Winter 2000 Current Workplace Issues - Hiring Personal Contacts September 1999 Joint Operator Agreements - Occupational Health and Safety and Employment Issues September 1999 Joint Operator Agreements - Occupational Health and Safety and Employment Issues August 1999 Delay and Disclosure - Recent Developments in Human Rights Jurisprudence Summer & Fall 1999 Employers Beware! New Test for Vicarious Liability Summer & Fall 1999 Current Workplace Issues - Sexual Discrimination Summer/Fall 1999 You Raise the Issue - Job Abandonment August 1999 Delay and Disclosure - Recent Developments in Human Rights Jurisprudence April 1999 The Impact of Employment Statutes on Independent Contract Workers Spring 1999 Current Workplace Issues - Wrongful Dismissal Spring 1999 You Raise the Issue - Sexual Harassment in the Workplace April 1999 The Impact of Employment Statutes on Independent Contract Workers February 1999 Business Tips and Traps 1999 Remedies in Labour, Employment and Human Rights Law (Editor) Winter 1998 Procedure and Remedies of the Alberta Human Rights and Citizenship Commission Winter 1998 Current Workplace Issues - Obligations of Employees - Reasonableness and Good Faith October 1998 Harassment and the Law October 1998 Human Resources Issues for Small Business June-September 1998 Impact of the Wallace decision Summer 1998 You Raise the Issue - Reducing an Employees Resignation Term and Paying Bonuses to Resigning Employees Summer 1998 Conducting a Harassment Investigation, the Do's and Don'ts Summer 1998 Current Workplace Issues - Handling Employees with Performance Deficiencies Spring 1998 Employee vs. Independent Contractor Spring 1998 Current Workplace Issues - Near Cause Termination Spring 1998 You Raise the Issue - Hiring U.S. Citizens and Firing Employees for Fraud March 1998 Mediation and Arbitration in Labour Matters Fall 1997 Communicating with Employees During a Union Organizing Campaign Fall 1997 Current Workplace Issues - Evaluating the Manner of an Employee's Termination to Assess Reasonable Notice Fall 1997 You Raise the Issue - Defending Against Age Discrimination and Non-Competition Agreements Summer 1997 Harassment in the Workplace - Are Employers on the Hook? Summer 1997 Current Workplace Issues - Out-of-Province Employment Standards Code Summer 1997 You Raise the Issue - Wrongful Dismissal Lawsuits and Avoiding Lawsuits During Restructuring Spring 1997 Drug Testing in the Workplace Spring 1997 Current Workplace Issues - Changing Employment Terms and Conditions Spring 1997 You Raise the Issue - Preventing Ex-Employees from Soliciting Business and Ownership of an Idea Built with Company Equipment April 1997 Current Labour and Employment Issues Affecting the Hospital Sector 1997 Legal Researcher on "Counselor as Witnesses" by Allan E. Barsky Winter 1996 Current Workplace Issues - Alternative Dispute Resolution Winter 1996 You Raise the Issue - Long Term Disability and Job Reassignment and Compensation December 1996 Current Labour and Employment Issues Affecting the Hospital Sector Spring 1996 You Raise the Issue - Maximizing a Severance Package for RRSPs and Dismissing Employees for Misconduct Outside of Work Spring 1996 Dismissing the Disabled Employee Spring 1996 Current Workplace Issues - Harassment Winter 1995 Navigating Notice Periods Winter 1995 Current Workplace Issues - Special Care When Offering Resignations with Compensation Winter 1995 You Raise the Issue - Dismissing Employees Without Contracts and Selling a Business with Unionized Employees Fall 1995 Same Sex Spousal Benefits - Rights and Obligations Fall 1995 Current Workplace Issues - Workplace Relationships Fall 1995 You Raise the Issue - Terminating Probationary Workers and Overtime Pay on Salary October 1995 Employment Contracts Spring 1995 Significant Amendments to Alberta's Employment Standards Code Spring 1995 Current Workplace Issues - The Importance of Terms and Conditions of Employment Winter 1994 Discrimination in the Workplace; The Employer's Duty to Accommodate Winter 1994 Your Raise the Issue - Calculating Severance Packages and Demotion vs. Wrongful Dismissal July through November, 1994 Trends in Termination Summer 1994 Demystifying Sexual Harassment Summer 1994 You Raise the Issue - Rea's the Issue? Summer 1994 Current Workplace Issues - Employee Termination June 1994 Employment Contracts and the Changing Employment Relationship March 1994 Regionalization and Amalgamation February 1994 Proactive Labour Strategies June 1993 Employment Contracts and Written Policies - An Ounce of Prevention June 1993 Terminations in Turbulent Times - a guide to wrongful dismissal in the 90's June 1993 The Art of Termination January 1993 Sexual Harassment and Other Timely Issues for Educational Institutions April 1991 What You Need To Know When the Recession Forces Staff Reductions 1989 Rate Classification Appeals Under the Workers' Compensation Act Our client: A large, federally-regulated employer, with a major, national operation and a nonunion workforce.
- Where we began: The company purchased a unionized operation and needed help integrating the two operations. As Frank put it, "Our client wanted to realize the efficiencies of merging into one, non-union location while recognizing the rights of the union employees. First, however, we needed to assess the legal issues and the scope of the unionized workers' rights."
- Our approach: In collaboration with the client, we decided to keep the unionized group initially separate. "This allowed the client time to sort out the complicated issues and scenarios involved including the impact on the client's national operations and to negotiate with the union."
- The result: The client expects a settlement that includes removal of some union job categories, subject to the agreement's approval by the Canada Industrial Relations Board.
Client focused results
An employee was terminated after 17 years of service and offered six months’ severance. The client initially came to Taylor to review a severance package before signing anything.
In an attempt to resolve the issue quickly and without litigation, Taylor began by sending a demand letter to the employer outlining the client’s proper entitlements in law. The client was dissatisfied by the employer’s response to the letter and started a lawsuit against the employer. Taylor brought an application for summary judgment (meaning a determination of the merits of the case without need for a full trial).
Taylor’s application was successful. The client was awarded double what was originally offered by the employer, 12 months of pay in lieu of notice, with a small deduction of two weeks of wages earned in his new job. The client was also reimbursed for 11.5 months of extended healthcare benefits and awarded legal costs.
The client was thrilled with the outcome and was particularly happy to avoid the need for and delay in waiting for a trial. By working closely with the client from the outset, Taylor was able to craft the case she argued and adapt the strategy to suit the client’s appetite for litigation. Ultimately, Taylor effectively used the Rules of Court to provide a cost and time efficient resolution for the client.
Assisting a client with a complex grievances case
An employer was facing numerous grievances in relation to a single employee. The case was very complicated because of the high number of grievances, documents and witnesses. The case proceeded to arbitration, however, due to the effectiveness of the way Leanne helped present the employer’s case, the union ultimately withdrew the grievances. Leanne was successful because she advocated strongly on behalf of her client but maintained a respectful and collaborative relationship with the union throughout. |
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