Labour + Employment

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Field Law represents clients in labour, employment, 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:

  • 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 + 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 + data management 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.

  • Workplace Investigations

    We conduct post-secondary workplace investigations for universities, colleges and polytechnics across Western Canada and the North, including complaints involving academic staff, students, sexual violence policies, and harassment under collective agreements. 

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Faqs

  • Are Non-Competition Clauses Enforceable in Alberta?

    Non-competition clauses can be enforceable in Alberta, but courts are generally reluctant to enforce them in employment relationships. An employer must demonstrate that the restriction is reasonable and necessary to protect legitimate business interests. Courts may consider factors such as the duration, geographic area and activities restricted, as well as whether a less restrictive option could provide sufficient protection.

  • Does an Employer Have to Share a Workplace Investigation Report With an Employee?

    Not always. Employers are generally not required to automatically provide an employee with the full workplace investigation report. However, disclosure may become necessary when the employer relies on the report to support discipline or termination.

    What must be disclosed depends on the circumstances, including the allegations, how the investigation findings are being used and what information the employee needs to meaningfully understand and respond to the case against them.

  • What Is the Difference Between a Non-Compete and a Non-Solicitation Clause?

    A non-compete generally restricts a former employee from competing with their previous employer, while a non-solicitation clause typically restricts them from soliciting the employer's clients or business. Because non-solicitation clauses are less restrictive, they may be more appropriate where they can adequately protect an employer's legitimate business interests.

  • What should employers consider when developing workplace policies?

    Workplace policies should reflect applicable employment, labour, human rights, privacy and occupational health and safety requirements while remaining practical for the organization. Policies should also clearly establish expectations, responsibilities and processes for addressing workplace concerns.

  • When Should an Employer Conduct a Workplace Investigation?

    A workplace investigation may be appropriate when an employer becomes aware of allegations involving harassment, discrimination, workplace violence, misconduct or other serious workplace concerns. The appropriate process depends on the nature of the allegations and applicable legal requirements. Complex or sensitive matters may benefit from an independent external investigator.

  • When should an employer seek legal advice about terminating an employee?

    Employers may benefit from legal advice before a termination where there are questions about contractual entitlements, cause, human rights, accommodation, workplace investigations, statutory requirements or potential litigation. Reviewing the circumstances before a decision is implemented can help an organization understand and manage its legal risk.