Kelly Nicholson

Kelly Nicholson is a Calgary-based Partner whose practice focuses on labour + employment law and workplace investigations. He advises public and private sector employers on workplace matters and combines extensive employment law experience with formal training and hands-on experience conducting complex workplace investigations.

As a member of Field Law’s Labour + Employment Group and the firm’s Privacy Officer, Kelly advises employers throughout the employment relationship. His experience includes:

• Recruitment, discipline and termination
• Wrongful dismissal claims
• Human rights complaints and workplace accommodation
• Privacy matters
• Disability and insurance matters
• Non-competition, confidentiality and restrictive covenant agreements
• Employment contracts and contract negotiation
• Workplace policy development
• Benefit and incentive plans
• Executive compensation
• Collective agreement interpretation and grievance arbitration
• Alcohol and drug testing

Kelly also regularly advises police services and other law enforcement agencies throughout Alberta. His work includes policy development and implementation, public complaints, internal investigations, police discipline and termination, collective agreement negotiations and grievance arbitrations.

Workplace Investigations

Kelly conducts workplace investigations involving sensitive and complex allegations, including bullying, discrimination and harassment. He has completed formal workplace investigation training through the Workplace Institute, complementing his legal experience advising employers on employment, human rights, privacy and procedural issues that can arise during an investigation.

Kelly takes a thorough and practical approach to investigations, recognizing the importance of procedural fairness, confidentiality and the impact an investigation can have on both individuals and organizations.

Kelly has represented clients before a broad range of courts, tribunals and adjudicative bodies, including the Alberta Court of King’s Bench, the Alberta Court of Appeal, the Supreme Court of Canada, labour and employment arbitration panels, 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 committed to client education and the legal profession. He is a frequent speaker at legal conferences, seminars and client education programs on employment, privacy, policing and education law. He also contributes articles on employment law, privacy, education law and human resources issues.