In the field of labour relations, our services include advice and representation in:

• Collective agreement administration;
• Collective bargaining;
• Discipline and termination of employment;
• Instituting proactive and positive employee relations practices and programs;
• Labour arbitration and dispute resolution;
• Industrial conflict (strikes, lock-outs and picketing);
• Successor-employer proceedings; 
• Unfair labour practices;
• Union organizing, certification and decertification proceedings; and
• Strategic labour advice.

We regularly assist employers and their executives with:

• Business immigration and relocation;
• Compliance with employment related statutes;
• Director and officer liability issues and fiduciary duties;
• Drafting and enforcing confidentiality, non-solicitation and non-competition covenants;
• Employee drug and alcohol testing;
• Employment contract and incentive compensation issues;
• Employment-related proceedings;
• Health and safety in the workplace including the strategic planning of worker's compensation assessments (Quebec);
• Human rights and harassment in the workplace;
• Incentive compensation such as bonus plans and stock option plans;
• Management education and training;
• Managing chronically ill and absent employees;
• Occupational health and safety;
• Outsourcings, restructurings and plant closures;
• Pay equity;
• Pleading employment-related litigation;
• Privacy and access to information issues;
• Proactive and strategic advice regarding relevant laws;
• Reorganization and workforce reduction;
• Strategic human resources planning;
• Termination and severance practices and arrangements;
• Transition and retention programs, and retirement benefits;
• Workplace policies; and
• Wrongful dismissal.

Members of the group regularly appear as counsel for employers in the courts and before various employment and labour-related administrative tribunals both under federal and provincial legislation.

While we often deliver our services on a continuing basis, we are also involved in the employment and labour-related aspects of commercial transactions, including those arising from mergers, acquisitions, insolvency and receivership, and in strategic employment and human resource planning. This advice includes negotiating the human resources aspects of a corporate transaction and drafting ancillary agreements including transition services agreements, employment agreements and restrictive covenant agreements.

Professional Activities

Several members of the group have lectured at the university level, authored books, legal service manuals and articles, including Le congédiement déguisé au Québec - Fondements théoriques et aspects pratiques, The Employment Contract, Le contrat d'emploi, Executive Employment Law, Les dirigeants: leurs droits et leurs obligations, as well as a section dealing with labour law in the publication titled Doing Business in Canada.

As part of our commitment to assist corporate leaders to establish and refine positive management and employee practices, we regularly provide in-house seminars and produce newsletters that address topical and timely employment issues.

Recent Group Activities

Employment Seminar Webcast Now Available!
Stikeman Elliott's Employment, Labour & Pension Group co- hosted a seminar in October 2008 with the Association of Corporate Counsel (ACC) on " A Year in Review: Have You Kept Up with Employment Law Issues?" covering topics such as overtime, social networking and recent case law. Click here to view the webcast.

Now Available! Canadian Employment, Labour and Pension FAQ
The National Employment, Labour & Pension Group has recently prepared their Canadian Employment, Labour and Pension Law FAQ card. Contact info@stikeman.com for hard copies.

Pension lawyer authors article on Executive Compensation
Gary Nachshen has written an article in Benefits Canada entitled "Consider Your Options " regarding executive compensation.

Lawyer authors article on pension
Gary Nachshen has written an article in Benefits Canada entitled "The Régie Strikes Back" regarding the Quebec government issuing a series of proposed amendments to the Supplemental Pension Plans Act.

Calgary lawyer quoted in labour law article
Barbara Johnston, head of the Calgary office's Employment and Labour  Group, is quoted in an article in the August, 2008 edition of Canadian Lawyer. The article - "Signs of Change" - discusses the potential impacts of B.C.'s and Ontario's new human rights tribunal systems on employment and labour cases involving human rights complaints.

Pension Seminar Webcast Available
Stikeman Elliott's Employment, Labour & Pension Group held a seminar in June 2008 entitled "Are you up to date on Pensions and Compensation?". Click here to view the webcast.

Toronto lawyer authors chapter on Employee Share Plans 
Gary Nachshen has authored the Canada chapter of the newly-released book Employee Share Plans: International Legal and Tax Issues published in the UK by Globe Law and Business.

SCC leave denied in Alberta drug testing case
The Supreme Court of Canada has denied leave to appeal in an Alberta case involving the right of employers to test workers in safety-sensitive jobs for drugs. Calgary partner Barbara Johnston represented the successful intervenors, including Syncrude, Imperial Oil and Suncor in the appeal before the Alberta Court of Appeal, which upheld the right of employers to conduct such testing and make termination decisions based on the outcome.

Partner quoted in Benefits Canada
May 20 / Gary Nachshen from the Toronto office is quoted in the Benefits Canada online article "Court Allows HBC Appeal" regarding the recent appeal on pension plans.  Toronto lawyer Andrea Boctor's Done Deal article is also mentioned in the article.

Toronto lawyer authors regular column in Benefits Canada
Gary Nachshen will be authoring a bi-monthly column in Benefits Canada magazine's "Online Expert Panel." The first column appearing is on "Rules of the Pension Investment Game".

Paper available on Pensions at Work
Ashley Taylor, a member of the Insolvency Group, and Andrea Boctor, a member of the Employment, Labour & Pensions Group, co-authored a paper on "Pensions at Work: Employer Insolvency and the Pension Plan" which was presented at the OBA Pensions and Benefits Programme on February 5, 2008.

New book on Employment & Labour Law: Quebec
Montréal lawyers Patrick L. Benaroche and Jean-Marc Fortin authored a new law book entitled Le congédiement déguisé au Québec - Fondements théoriques et aspects pratiques (Constructive Dismissal in Quebec - Theoretical Foundations and Practical Aspects). More info (French only).