Employment & Labour Relations

Workplace Law for Businesses

Laws governing the relationship between employers and their workers are constantly changing, and differ significantly from province-to-province and industry-to-industry.  McMillan’s employment, labour relations, executive compensation and business immigration specialists are here to help management navigate this complex legal framework.  We provide practical and responsive advice to businesses, with a view to helping companies attract and retain talent, avoid workplace disputes, and maintain labour relations peace.

McMillan’s Employment Law Team advises businesses on all aspects of provincial and federal employment law, delivering practical counsel focused on protecting management’s interests.  We help businesses with hiring and termination (including wrongful and unjust dismissals), employment standards (including wage and hour compliance), drafting and reviewing employment contracts, employee handbooks and workplace policies, hybrid and remote work arrangements, workplace harassment prevention and response, human rights, employee privacy, occupational health and safety, and workers’ compensation matters.  When conflict in the workplace occurs, we provide clients with strong, effective representation that advocates for their best interests.

Our Labour Relations Team advises and represents businesses on a wide range of labour relations matters, from a union’s initial efforts to organize employees, to the negotiation of collective agreements and dispute resolution. We assist management with certification applications, collective agreement negotiations, strikes and lockouts, including drafting communications on the employer’s behalf, securing injunctions and even acting as spokespersons for management. Our lawyers are experienced advocates at arbitrations and before labour relations tribunals, and can assist with either reaching a resolution through mediation or advocating through the arbitration process.

Members of our Business Immigration Team provide advice across all industries and on all aspects of Canadian business immigration, including labour market impact assessments (“LMIAs”), intra-company transfers under CUSMA, CETA, CPTPP, GATS and other free trade agreements, CUSMA, CPTPP professional work permit applications, business visitor and after-sales service issues, rehabilitation applications and permanent residency applications, including provincial nominee applications. We work directly with the client to evaluate the best option in order to obtain the required immigration approvals without having to go through the LMIA process. We develop persuasive and strong applications and make ourselves available to the client or its employees should they require assistance while making the application. We ensure that our clients can continue to run their business with the workers they need, when they need them.

Deals and Cases

Employment

• Appeared before all levels of court in British Columbia, Alberta, Ontario and Québec, as well as the Supreme Court of Canada
• Successfully defended a sexual harassment complaint against a manufacturing client under section 21(2)(a)(i) of the Alberta Human Rights Act
• Successfully appealed a trial court sexual harassment decision based on a palpable and overriding error of fact in Hucsko v. A.O. Smith Enterprises Limited, 2021 ONCA 728
• Defeated a complaint for a practice prohibited by section 122 of the Act respecting labor standards in Menouar c. Johnson Canada Control Corporation, 2021 QCTAT 286
• Successfully opposed an urgent interim injunction sought by a former Chief Executive Officer in Boni v Leonardo Worldwide Corporation, 2018 ONSC 1875
• Defeated a wrongful dismissal claim involving a senior executive’s breach of fiduciary duty in 969625 Ontario Ltd. v Goldstone Resources, 2017 ONSC 879
• Successfully opposed a claim for benefits under the Act respecting industrial accidents and occupational diseases in Majewski et ThyssenKrupp Materials CA Ltd., 2017 QCTAT 5471

Labour Relations

• Acted for the successful employer in a policy grievance arbitration objecting to a mandatory vaccine policy in Bunge Hamilton Canada v UFCW Canada, Local 175, 2022 CanLII 43 (ON LA)
• Acted for the successful employer in a grievance arbitration involving the application of a collective agreement with regards to sick days in Fraternité internationale des ouvriers en électricité, section locale 1604 c Tyco feu et sécurité intégrés Canada inc., 2017 CanLII 819 (QC SAT)
• Acted for the successful employer in a grievance arbitration contesting a suspension and termination in Tyco Feu et Sécurité Intégrés c Fraternité internationale des ouvriers en électricité, 2017 CanLII 46049 (QC SAT)
• Successfully defeated an application filed by the Ontario Nurses’ Association under the Public Sector Labour Relations Transition Act in ONA v Victorian Order of Nurses Toronto-York Region and Calea Homecare, 2016 CanLII 44017 (OLRB)
• Successfully opposed an application for union certification in Ontario Pipe Trades Council of the UA v Detour Gold Corp., 2015 CanLII 2638 (OLRB)

DOWNLOADS

• Employment Law in Canada, Provincially Regulated Employers – British Columbia
• Employment Law in Canada, Provincially Regulated Employers – Ontario
• Employment Law in Canada – Quebec
• Employment Law in Canada, Federally Regulated Employers