Labour and Employment

We provide end-to-end services to our employer clients.

Empower Your Business: Partner with Your Employment & Labour Lawyer in Toronto. Ensuring Compliance, Safeguarding Your Success, and Protecting Employee Rights

Practice Overview Services Associated Lawyers

Practice Overview

We provide end-to-end services to our employer clients. From advising employers on their day-to-day concerns to employment advice on commercial transactions, our dedicated practitioners work with employers to navigate regulations, manage risks and ensure compliance.

We have extensive experience before all levels of Court in Ontario, as well as tribunals including the Ontario Labour Relations Board (OLRB), Workplace Insurance Appeal Tribunal (WSIAT), Human Rights Tribunal of Ontario (HRTO), the Canadian Industrial Relations Board (CIRB).

If you're grappling with wrongful dismissal, confronting discrimination, enduring harassment, or navigating through other complex workplace challenges, we champion your cause. Backed by experience and a proven track record, we strive to deliver justice and fair treatment in every case.

Employment

Employment law governs the legal rights and responsibilities of employers and employees in the workplace, covering areas such as hiring, contracts, wages, benefits, discrimination, and termination. Services include:

Advice and guidance on various HR matters, including business purchase/sale, workforce restructuring, and integration.
Assisting clients in developing effective employment policies and procedures to ensure compliance and a positive work environment.
Conducting thorough workplace investigations to address employee concerns and maintain a fair and safe workplace.
Providing guidance on recruitment strategies and retention practices to attract and retain top talent.
Assisting clients in implementing drug testing policies and conducting criminal background checks for prospective employees.
Supporting clients in resolving workplace conflicts and fostering a harmonious work environment.
Handling mass termination situations and managing litigation processes in case of claims.
Structuring clear and precise employment contracts, particularly for senior executives with complex compensation arrangements.
Ensuring clients' adherence to employment standards legislation, covering issues like working hours, leave, and termination.

Labour Law

Labour law encompasses regulations and rights concerning employment relationships, including collective bargaining, working conditions, employee rights, and labour unions. Our services include:

Labour relations consulting
Support and guidance during union organizing drives and certification processes including handling jurisdictional disputes and unfair labour practice allegations.
Advice on collective bargaining strategies for private and public sectors including drafting collective agreement proposals and representing clients at the bargaining table.
Assistance with interest arbitrations in various sectors including advising employers when strike and lockout rights are regulated or removed.
Comprehensive advice and representation throughout the grievance and arbitration process.
Counsel and assistance concerning labour relations aspects during business sales.
Addressing and resolving complaints related to bad faith bargaining.

Litigation and Dispute Resolution

Most employment cases resolve through negotiations either before or after litigation is commenced. Litigation is the formal legal process to resolve employment disputes in court. Dispute resolution includes alternative methods like mediation or arbitration, aiming for efficient and fair resolutions outside of court proceedings. Services include:

Effective advocacy in Ontario courts, arbitration boards, and administrative tribunals.
Achieving successful outcomes for clients, resulting in precedent-setting decisions.
Assistance with workplace and class action litigation, representing clients across private and public sectors.
Counsel for diverse matters in addition to trials and hearings, including appearances before the Ontario Divisional Court, the Ontario Court of Appeal, and the Federal Court.
Providing counsel and representation at the Supreme Court of Canada.
Representing clients in disputes related to wrongful and constructive dismissal, statutory severance, overtime, and employee health claims.

Audits and Investigations

As part of the workplace audit process, we review and assess clients’ existing agreements, policies, and procedures to identify potential issues and liabilities. We often work with employers and provide recommendations to limit exposure to liability, including in hiring and termination, employee classification, non-compete and/or non-solicitation agreements, and workplace harassment and human rights compliance. Our services include:

Providing fair and impartial evaluations of workplace issues to ensure all parties receive a just resolution.
Assisting employers in minimizing risk and establishing a healthy working environment through proper workplace investigations.
Handling concerns involving allegations of harassment, violence, discrimination, retaliation, and policy violations.
Conducting investigations based on the specific circumstances and nature of the complaint being investigated.
Investigating workplace harassment allegations and providing appropriate resolutions.
Conducting workplace violence investigations to address safety and security concerns.
Conducting thorough investigations into violations of employer-specific codes of conduct and policies.
Navigating investigations in both unionized and non-unionized workplaces, ensuring compliance with relevant regulations.

Human Rights

Understanding human rights law is crucial in managing a workspace as it safeguards employees' dignity, equality, and freedom from discrimination. Compliance fosters a respectful environment, boosts morale, enhances productivity, and mitigates the risk of costly legal disputes and reputational damage. Our services include:

Helping organizations achieve and maintain compliance with human rights regulations and minimize risks associated with discrimination issues.
Recognizing the unique context and culture of each organization and sector, considering reputational risk in managing human rights matters.
Providing human rights training to management, ensuring a better work environment and reduced risk.
Assisting in developing and implementing human rights policies, internal complaint procedures, accommodation plans, and attendance-management programs.
Leveraging in-depth knowledge of provincial and federal human rights processes to seek early dismissal of complaints without the need for a hearing.
Offering extensive experience as counsel for clients throughout all phases of human rights proceedings, from mediation to litigation and appellate courts.
Thinking innovatively to obtain resolutions and seeking practical and effective outcomes to reach satisfactory conclusions for all parties involved.

Occupational Health and Safety

Occupational health and safety are vital in the workplace to protect employees' well-being, reduce accidents and prevent injuries and illnesses. If a company breaches its obligations under the Occupational Health and Safety Act, it may face serious consequences. These can include work stoppage, lawsuits, reputational damage, fines up to $1.5 million, and up to 12 months imprisonment. Our services include:

Providing expert advice on compliance issues related to the Occupational Health and Safety Act (OHSA) or the Canada Labour Code (CLC)
Defend clients and/or individuals charged under the OHSA, the CLC or the Criminal Code in respect of workplace incidents;
Assisting in the development and monitoring of health and safety policies tailored to the specific needs of the organization.
Offering guidance on enforcing safety policies through disciplinary measures, ensuring a safe work environment.
Conducting training sessions for managers under the OHSA or the CLC, enhancing their understanding of health and safety regulations.
Assisting clients during Ministry inspections and investigations, including post-accident investigations, and providing advice throughout the process.

Workplace Safety and Insurance

The Workplace Safety and Insurance Board (WSIB) in Ontario plays a crucial role in managing workspaces by providing workplace insurance coverage and promoting workplace safety. The WSIB operates a no-fault insurance system, which means that workers who suffer work-related injuries or illnesses are entitled to benefits regardless of who was at fault. The proactive management of WSIB claims and financial issues can significantly reduce employers’ costs. Our services include:

Providing skilled representation in matters before the Workplace Safety and Insurance Board (WSIB) and the Workplace Safety and Insurance Appeals Tribunal.
Assisting with accident investigations and reporting to ensure compliance with workplace safety regulations.
Helping employers manage the return of injured employees to work and advising on related legal and practical issues.
Advising on managing employee absences and accommodating disabilities in the workplace.
Providing advice on the legal rights and responsibilities of employers and workers concerning workplace safety and insurance matters.
Assisting clients with re-employment matters and addressing duty to cooperate penalties.
Facilitating the return of interest owing on over-assessments to clients.
Offering representation in litigation before various tribunals, boards of arbitration, human rights tribunals, and courts, including WSIB criminal prosecutions and leading cases under the Occupational Health and Safety Act.