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The Labour and Employment Group advises employers in all aspects of labour law and employment law in both the provincial and federal sectors, including labour relations, collective bargaining, wrongful dismissal advice, pension and benefits litigation, human rights, employment standards, employment equity, workers' compensation, privacy issues and business immigration.
We ensure a familiarity with our client's operations and, because labour and employment issues often require immediate attention, we ensure 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 legislation, including the British Columbia and Alberta Labour Relations Codes and the Canada Labour Code.
Members of the group have extensive experience in collective agreement negotiations and 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 and the courts.
Members of our group 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.
Members of our group are available to assist clients in workers' compensation assessments and appeals as well as with business immigration matters.
The Labour and Employment Group is prepared to assist with privacy audits and all aspects of compliance with privacy laws.
Our labour relations clients include mining, construction, forestry and forest products, technology, manufacturing, service and distribution, retail sales, engineering, transportation, entertainment, health care and social service employers.
In addition to being able to assist our clients directly in all federal, British Columbia, Alberta, Yukon and North West Territories matters, the Labour and Employment Group is a member of a national legal network of law firms practicing labour and employment law in every Canadian jurisdiction. This network enables us to serve our clients’ needs seamlessly throughout Canada.
Our work includes:
advising clients on interpretation and application of labour legislation at the federal and provincial levels, advice with regard to certification and decertification applications, successorship and common employer adjudications, corporate reorganization, amalgamations, purchases, sales or alteration in the manner of performing works, 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 renewals. 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 interpretation and advice given to clients relating to the collective agreement, including interpreting our client’s rights and obligations under the collective agreement, 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, managers, including preparation of employment contracts, review and preparation of corporate employment manuals and all aspects of wrongful dismissal actions including group terminations arising out of operational downsizing in both the provincial and federal sectors;
providing advice on provincial and federal human rights complaints including assisting with the investigation process, establishing policies and acting as counsel throughout the investigation, mediation and litigation proceedings;
assisting with applications for temporary and permanent employment work permits for foreign workers under the provisions of the Immigration and Refugee Protection Act and Regulations, GATS and NAFTA and permanent resident applications for business visitors; and
advising employers with regard to privacy issues arising under federal and provincial privacy legislation.
View a listing of team members in this practice area.
For more information contact Patricia Gallivan, Q.C. at 604.631.6718.
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Resources: No Mandatory Retirement in BC Commencing on January 1, 2008
Mandatory Retirement in BC - April 26, 2007
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