Our Labour and Employment Law Group
Our Labour and Employment Group provides sound practical solutions to legal and strategic issues arising in all areas of this field. The Group offers services to a wide variety of businesses and industries, including private sector businesses, crown corporations and government. With experience in both Provincial and Federal labour and employment laws, the depth and breadth of our experience allows us to advise clients on a complete range of issues. We provide our clients with the hands-on approach of a boutique firm while offering immediate access to the breadth and depth of expertise available in a large, full-service law firm.
Our relationship with our clients is premised on respect for their business objectives and each client's particular philosophy for the management of human resources. Our clients expect and receive professional legal advice that strives for the best result at a reasonable cost. Labour and employment law problems often require immediate legal action or prompt practical advice, and our professional group is organized to respond to such circumstances.
Our Services
The Borden Ladner Gervais LLP Labour and Employment Group is experienced in all aspects of labour and employment law, including:
Labour Relations
Our Group regularly advises employers on issues pertaining to unionization of the work force, including the development of strategies and employee communications for non-union employers facing organizing drives.
Our experience covers the entire range of Labour Relations Board proceedings, including certifications and de-certifications, unfair labour practice complaints, strikes, lockouts and picketing, and bad-faith bargaining complaints. In addition, we advise clients on transitional issues such as successorships, common employer applications, and other labour relations applications which may flow from business initiatives such as mergers, acquisitions, relocations and closures.
Members of the Group have extensive experience in collective bargaining, including advising on strategy, communications and collective agreement language, as well as regularly acting as management spokesperson at the bargaining table.
As with any busy labour relations practice, our lawyers spend a substantial part of their time advising clients on the interpretation of their collective agreements, and representing clients in collective agreement rights arbitrations and interest arbitrations. Should a decision go the wrong way, our Group has a strong appellate capability, both at the Labour Relations Board and in the courts.
Our labour relations lawyers have represented employer clients in all forms of labour board and court proceedings arising out of strikes, lockouts, picketing and other forms of industrial conflict. In addition, our lawyers have substantial experience in applications for judicial review from statutory tribunals as well as labour arbitration boards.
Employment Law and Litigation
Members of our Group have pursued clients' interests in every form of employment litigation, including complaints before the Employment Standards Branch, Workers Compensation Board proceedings, Human Rights complaints and wrongful dismissal actions.
We have applied successfully under the Employment Standards Act for variances and exemptions from the provisions of the Act in appropriate circumstances. We have expertise with regard to Workers Compensation Board matters, including claims and assessment appeals, occupational health and safety advice, and penalty proceedings.
Human rights as an area of law has undergone phenomenal growth over the last 20 years. The subject matter of human rights issues such as the duty to accommodate and sexual harassment arise both in the unionized and the non-union setting, and our lawyers have extensive experience in addressing these issues in both settings.
The wrongful dismissal field is another area which has undergone a tremendous increase in complexity over the last several years. The development of executive-level contracts, and the special issues which may arise upon an executive termination, form an important part of our practice. Developments with respect to the approach that an employer must follow in carrying out a termination, the duty of good faith dealings, and the nuances of determining a sensible severance package are all matters with which our employment lawyers are thoroughly familiar.
Pension and Benefits
Members of the Labour and Employment Group have advised clients on pensions and tax-influenced compensation, pension surplus planning, and the development and design of supplemental pension plans and retirement compensation arrangements. As well, our lawyers have been involved in advising on the design of health and welfare plan trusts.
Members of the Group have been extensively involved in preparing employment agreements, executive compensation arrangements and severance settlements. We have assisted clients with the design of employee compensation plans, employee stock options and related equity participation plans, as well as advising on taxation aspects of employee compensation.
Our Experience
Borden Ladner Gervais' Labour and Employment Group offers services to a variety of businesses and industries in both provincial and federal jurisdictions, and the public and private sectors. The depth of the members' experience allows them to advise clients on a complete range of labour law issues.
In addition, members of our Group have regularly appeared as chair, speakers and panellists at labour and employment law seminars, and have written numerous articles and other materials for publication through a variety of legal and industrial relations organisations. We provide our clients with regular updates on developments in the labour relations and employment fields through client conferences, through our newsletters, and through regular small-scale seminars on and off the firm premises designed to address specific topics of client interest.
