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Employment Advice and Litigation


Proactively engaging valued legal advisors will help you to stay ahead of the curve, enhance your understanding of your legal obligations, ensure you have responsive and efficient policies and practices in place, and could save significant costs and avoid liabilities as you grow your business and market share.
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Overview

Proactively engaging valued legal advisors will help you to stay ahead of the curve, enhance your understanding of your legal obligations, ensure you have responsive and efficient policies and practices in place, and could save significant costs and avoid liabilities as you grow your business and market share. 

At Fasken, we strongly believe that effective legal advocacy requires two key ingredients:

  • a thorough understanding of our clients’ business and operations; and
  • a well-rounded and extensive knowledge of the law.

We advise employers from all types of industry and government. Our Labour, Employment and Human Rights (LEHR) team is known for its acumen and attention to strategic, effective, advice. We provide timely, practical advice regarding employment standards such as wage rates, leaves and other basic entitlements. Also, when and if individual or mass termination is required, we will help you strategically plan these events in order to meet organizational goals and minimize the cost of implementation.

For Multinational Corporations (MNCs) that have particular needs as they try to manage a global workforce, we offer focused and cost-effective advice that takes into consideration the global market in which they operate.

In an acquisition, merger or sale, employers must comply with the relevant rules and restrictions. We will assist with restructuring your operations to comply with applicable standards and avoid liabilities and unnecessary friction.

We have extensive experience representing organizations before tribunals and in courts with disputes regarding employment issues involving but not limited to the following:

Wrongful and Constructive Dismissal

Occupational Health and Safety

Breach of Contract

Privacy Breaches

Defamation

Retaliation and Whistleblower Complaints

Discrimination

Sexual or Racial Harassment

Employee Pension and Benefits

Temporary and Permanent Injunctions

Human Rights

Non-compete and Non-solicit provisions

 

Since the start of the COVID-19 pandemic we have seen a sharp increase in legal actions related to constructive dismissal, employer non-enforcement of public health guidelines, and failures to accommodate, among others.

To ensure your business is on the right side of the rules and regulations, and to learn more about the scope of our employment advice and litigation services, subscribe to our HR Space bulletin, browse some of our recent work or contact any member of our LEHR team.

Team

Primary Contacts
  • Andrew Dixon, Partner, Calgary, AB, +1 403 261 8481, adixon@fasken.com
  • Paul Fouche, Partner, Johannesburg, +27 11 586 6021, pfouche@fasken.com
  • Magali Cournoyer-Proulx, Partner, Montréal, QC, +1 514 397 5266, mproulx@fasken.com
  • Sophie Arseneault, Partner, Ottawa, ON, +1 613 696 6904, sarseneault@fasken.com
  • Guy C. Dion, Partner, Québec, QC, +1 418 640 2016, gdion@fasken.com
  • Mathias Link, Partner, Toronto, ON, +1 416 943 8977, mlink@fasken.com
  • Elizabeth Reid, Partner, Vancouver, BC, +1 604 631 4999, ereid@fasken.com

Client Work

  • York University successful in having termination for benefits fraud upheld, [Case - York University], Top ranked international teaching and research university defends termination grievance
  • Rayonier Inc. successfully defends against union policy grievances alleging violation of the Canadian Charter of Rights and Freedoms, [Case - Rayonier Inc.], Defense against grievances regarding the age 65 cut-off provision in a long-term disability benefits plan
  • City of Blainville succeeds in tribunal against allegations that the city had illegally carried out temporary layoffs of permanent Union employees, [Case - City of Blainville], Allegations by the Canadian Union of Public Employees (“CUPE”) that the city had illegally carried out temporary layoffs.
  • Successfully advised the federal public servant in its defense about a reprisal complaint., [Case - Confidential Client]
  • PDFTron receives private equity investment from Silversmith Capital Partners, [Deal - PDFTron Systems Inc.]
  • Industrial Alliance Insurance and Financial Services was represented before all levels of courts, [Case - Industrial Alliance Insurance and Financial Services Inc.]
  • Groupe Technologies Desjardins succeeds in front of The Quebec Superior Court, [Case - Groupe Technologies Desjardins Inc.]
  • Successful appeal of an arbitration award to the Labour Relations Board, [Case - Forest Industry Employer]
  • Assisted an employer with putting new employment contracts in place with its existing workforce, [Case - Construction Industry Employer]

Knowledge

Events

News

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