Labour, Employment & Human Rights

The Labour, Employment and Human Rights Group advises employers in all aspects of workplace law in both the provincial and federal sectors, including labour relations, employment law, collective bargaining, wrongful dismissals, human rights, employment standards, pension and benefits litigation, employment equity, occupational health and safety, workers' compensation, privacy issues and business immigration.

We ensure a familiarity with our clients' operations and, because labour and employment issues often require immediate attention, that clients can promptly reach a fully informed lawyer whenever necessary.

Our Group is proactive in resolving labour relations and employment issues and providing practical, sound and economic advice and developing strategies that will provide solutions consistent with the client’s business needs.

Members of our Group advise clients in the interpretation and application of applicable labour and employment legislation in the areas where our lawyers are called to the bar, including in B.C., Alberta, NWT, Yukon and Nunavut and across Canada. 

Members of the Group have extensive experience in acting as counsel before judicial and decision-making tribunals such as provincial and federal labour relations boards, arbitration boards, employment standards tribunals, human rights tribunals, workers' compensation boards as well as all levels of court.

We regularly provide collective bargaining advice and act as chief spokespersons for companies. Members of the Group have successfully negotiated collective agreements in a wide variety of industries, including the manufacturing, retail, transportation, forestry, film, credit union, security, construction and maintenance, education, child care and service industries. We also have extensive experience leading clients through mediation, conciliation, strikes, lockouts, picketing and other labour disruptions and unrest.

We have experience in the design and application of alternative dispute resolution (ADR) systems and in representing clients in the ADR process as well as acting as mediators. We are available to assist clients in occupational health and safety matters including registration, assessments, prevention obligations, workers' injury claims and compensation, and discriminatory action complaints. We act as investigators in matters of workplace injuries, misconduct and complaints, including harassment and bullying complaints. We also assist clients with business immigration matters, including obtaining work permits and applying for permanent resident status. 

We provide strategic and operational advice to clients to ensure compliance with applicable occupational health and safety regulatory requirements and reduce liability. Further, we have extensive experience defending employers against orders, penalties and charges arising from workplace incidents before occupational health and safety regulators in B.C., Alberta, NWT, Yukon and Nunavut. 

We regularly provide advice with respect to all aspects of compliance with privacy legislation, prepare privacy policies for clients and assist with privacy audits and all aspects of compliance with privacy laws.

While we provide labour and employment advice to virtually every industry and sector in Canada, the group has particular experience advising clients in the following areas:

• airlines
• construction
• education
• energy and energy services
• engineering
• entertainment
• financial institutions
• mining
• health care and social services 
• forestry and forest products
• manufacturing
• police services
• retail 
• service and distribution
• technology
• transportation 

Experience

• Advising clients on:
  • interpretation and application of labour legislation at the federal and provincial levels
  • certification and decertification applications, successorship and common employer adjudications, corporate reorganization
  • amalgamations, purchases, sales or alteration in the manner of performing work, and variances to a bargaining unit
  • unlawful strike and picketing activity and unfair labour practice complaints including those relating to the use of strike replacement workers and management exclusions

• Providing advice related to the negotiation of collective bargaining agreements including first contracts and This also includes analyzing union proposals, assisting in the preparation of the company’s proposals, advising on strategy, acting as the company’s spokesperson and representing the employer in the mediation processes
• Providing contract administration advice including interpreting our client’s rights and obligations under collective agreements, providing advice as to the extent of the client’s rights to impose discipline on employees in any particular circumstance, providing advice relating to any grievances that may arise and representing the client at arbitration and appeals from arbitrator’s decisions
• Providing advice and documentation involving non-union work places, including preparation of employment contracts, review and preparation of corporate employment manuals and policy handbooks, and all aspects of wrongful dismissal actions including group terminations arising out of operational downsizing in both the provincial and federal sectors. We have recently acted on behalf of the boards of some of the largest publicly traded companies in BC in relation to the termination or hiring of their CEO’s
• Providing advice on business immigration matters, including obtaining temporary work permits under the provisions of NAFTA and GATS and applying for permanent resident status under provincial nominee programs
• Advising employers with regard to privacy issues arising under federal and provincial privacy legislation

• Advising employers on all aspects of workers compensation and occupational health and safety, including registration and assessment issues, ensuring compliance with occupational health and safety regulatory requirements and limiting liability

• Defending clients before regulatory authorities including on worker compensation, discriminatory actions, and workplace prevention matters
• Representing clients before review and appellant bodies in relation to workers compensation and occupational health and safety matters including orders, fines, penalties and charges
• Conducting workplace investigations, including harassment and bullying investigations, workplace injury investigations and violent incident investigations
• Advising on employers’ rights regarding former employees’ competition, soliciting, and/or using confidential information
• Providing advice to purchasers and vendors of businesses of the labour and employment consequences of their proposed transactions

Team