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Labour Relations and Collective Bargaining


The foundation of good labour relations lies in clear communication, and strong yet respectful management. Fasken LEHR lawyers have a long history of providing advice to and representing employers with unionized workers with respect to all their labour needs. In many cases, our client relationships date back decades, with clients placing great trust in our team to provide strategic guidance and representation.
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Overview

The foundation of good labour relations lies in clear communication, and strong yet respectful management. Fasken Labour, Employment & Human Rights (LEHR) lawyers have a long history of providing advice to and representing employers with unionized workers with respect to all their labour needs. In many cases, our client relationships date back decades, with clients placing great trust in our team to provide strategic guidance and representation.

In labour relations matters, our team supports employers in the context of organizing campaigns and assists with applications for certification, decertification, related employer/successorship and unfair labour practice complaints before Canadian provincial labour boards, the Canada Industrial Relations Board, and South Africa’s Labour Appeal Court. If injunctions are necessary or a decision needs to be judicially reviewed, we will represent your company’s interests in court. We also help with grievance arbitrations, including with policy and interpretation grievances, and in discipline/discharge, work assignment and contracting out cases.

When collective agreements need to be negotiated or renegotiated, we use a holistic approach to craft and implement the appropriate action plan to assist you to meet your business needs. This may include preparing your proposals, reviewing and critiquing union demands and acting as spokesperson at the bargaining table. In addition, we manage media relations and communications with employees, train client negotiation teams for bargaining, and provide guidance in contract administration once an agreement has been reached.

Our clients include public institutions such as hospitals, school boards and universities and colleges, Crown corporations, rail, automotive and aviation companies, multinational corporations, among others.

As one of the largest labour, employment and human rights practices in Canada, we can address your labour needs across the country in a coordinated manner that is consistent, concise, and cost-effective.

To learn more about how we can assist you with labour relations and collective bargaining needs, subscribe to our HR Space bulletin. You can also browse some of our recent experience or contact any of our lawyers.

Team

Primary Contacts
  • Andrew Dixon, Partner | Labour, Employment & Human Rights, Calgary, AB, +1 403 261 8481, adixon@fasken.com
  • Paul Fouche, Partner | Labour, Employment & Human Rights, Johannesburg, +27 11 586 6021, pfouche@fasken.com
  • Rhéaume Perreault, Partner | Labour, Employment & Human Rights, Montréal, QC, +1 514 397 7409, rperreault@fasken.com
  • Sébastien Lorquet, Partner | Labour, Employment & Human Rights, Ottawa, ON, +1 613 696 6891, slorquet@fasken.com
  • Jasmin Marcotte, Partner | Labour, Employment & Human Rights, Québec, QC, +1 418 640 2030, jmarcotte@fasken.com
  • Erin Porter, Partner | CHAIR, LABOUR, EMPLOYMENT & HUMAN RIGHTS, ONTARIO, Toronto, ON, +1 416 868 3536, eporter@fasken.com
  • David T. McDonald, Partner | Labour, Employment & Human Rights, Vancouver, BC, +1 604 631 4751, dmcdonald@fasken.com

Client Work

  • Fasken represented the Government of Quebec in a conventional arbitration regarding the compensation of government lawyers and notaries, [Case - Government of Québec], Representation of the Government of Quebec in an arbitration regarding remuneration.
  • Humber River Hospital successful in having related employer and sale of business application dismissed by labour board, [Case - Humber River Hospital], Labour board dismisses related employer application as no prima facie case established
  • Fasken represented the Government of Quebec on a working parity committee regarding the distinct status of government lawyers and notaries, [Case - Government of Québec], Representation of the Government of Quebec on a working parity committee regarding the status of government employees.
  • Air Canada successful in defending challenges to its language requirements and testing practices for customer service employees, [Case - Air Canada], Policy and individual grievances alleged that Air Canada improperly forced commitments of hire on individuals hired outside of Air Canada's larger stations
  • Air Canada successful in defending its bilingual staffing requirements for cabin crew, [Case - Air Canada], Grievance challenging the application of complex collective agreement provisions related to the service of Air Canada’s customers in both official languages and the seniority rights of cabin crew.
  • 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
  • Vonigo Software Ltd. sells its business, [Deal - Vonigo Software Ltd], Vonigo Software Ltd. sells its business, allowing customers to get access to better payment tools.
  • Humber River Hospital successfully defends termination of a long service employee for failing to follow management rules and directions, [Case - Humber River Hospital], Major acute care hospital in Toronto defends termination of a long service unionized employee for failing to follow management rules and directions at arbitration.

Knowledge

  • Implementation Date for Employment Equity Act Amendments Announced, 12/9/2024
  • Is severance pay always there for the taking?, 11/6/2024
  • No right to use replacement labour in a defensive lock-out after the strike has ended, 7/3/2024

Events

News

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