M.J. (Peggy) O'Brien

Peggy has a specialized practice in employment, human rights, labour and occupational health and safety law primarily for employers. She offers practical advice to her human resources clients based in part on her prior experience as a Personnel Manager and Director of Employee and Labour Relations in BC hospitals.

Peggy represents employers in employment related actions in the BC Supreme Court and Court of Appeal and before Federal and Provincial tribunals including the BC Human Rights Tribunal, Employment Standards Tribunal, Labour Relations Board and Workers’ Compensation Appeal Tribunal. In addition, she represents employers in private labour arbitrations.

Recognition and Ranking

• Canadian Legal Lexpert Directory 2012: repeatedly recommended as a Leading Practitioner for employment (management) law
• Martindale-Hubbell International Law Directory: BV Peer Review rated

Professional Activities

• BC Human Resources Management Association, Current Director
• Employment Law, Labour Law and Human Rights Subsections of the Canadian Bar Association, Member
• Canadian Association of Council to Employers, Member

Bar Admissions

• British Columbia (1986)

Education

• University of Victoria (LL.B., 1985)

Personal Interests

Peggy and her spouse own the beautiful Euphemia II, a 1928 classic cruiser and are active members in the Classic Yacht Association.

• Successfully defended an employer in a wrongful dismissal action where the court agreed that the employer had cause for dismissal of the employee (Knowlan v. Trailmobile Parts & Service Canada Ltd., 2006 BCSC 337)
• Advised an employer on the legal liabilities to union and non-union employees on closure of a mill in BC, including notice and severance requirements
• Advised an employer on the successful introduction of a drug and alcohol testing policy and procedure in a BC mine
• Assisted a mining company with the closure of its mine in BC on completion of its ore reserves
• Regularly advises corporate employers on their obligations to disabled employees, including duty to accommodate
• Represented employer in the transportation industry relating to the certification, negotiations towards a first collective agreement and ultimately decertification of the bargaining unit
• Successfully negotiated the settlement of hundreds of wrongful dismissal claims against corporate employers
• Represented a major forest industry client to successfully defend claims of discrimination under the occupational health and safety regulations
• Represented a large construction company during the WorkSafe investigation following a fatality, successfully avoided penalty assessments or regulatory prosecution and assisted the client in reviewing and revising its work practices
• Acted as a third party independent investigator for a complaint of sexual harassment for a large employer in the forest industry
• Represented a client in the retail sector in successfully defending a claim of discriminatory treatment based on disability